Karlen v. New York University

OPINION

GOETTEL, District Judge:

Defendant, New York University, has moved under rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint of plaintiff, Delmar Karlen, for failure to state a claim upon which relief may be granted.

Plaintiff is a former professor of law at New York University (retaining, however, the title of “Professor Emeritus”), having been mandatorily retired because of age on August 31, 1977. Prior to retirement he had been an employee of the university since September 1, 1952, first in the capacity of Visiting Professor of Law, and then, since September…