Handlowitch, Jr. v. Verizon Communications, Inc., No. 1:2018cv00617 - Document 26 (S.D.N.Y. 2019)

Court Description: OPINION AND ORDER: For the reasons set forth above, the Court finds that Plaintiff's NYCHRL claims are not preempted by ERISA. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's motion to remand this case to the New York Supreme Court is G RANTED. IT IS FURTHER ORDERED THAT Defendant's motion to dismiss the complaint with prejudice is DENIED. The Clerk of Court is respectfully directed to: (1) remand this action to New York Supreme Court, New York County, and (2) close this case. SO ORDERED. (Signed by Judge Richard J. Sullivan United States Circuit Judge Sitting By Designation on 4/24/2019) (ne) Transmission to Docket Assistant Clerk for processing.