Rosenblatt v. Bivona & Cohen, P.C.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Plaintiff Theodore Rosenblatt (“Rosenblatt”) is suing Bivona & Cohen, P.C., alleging unlawful employment discrimination on the basis of race in violation of 42 U.S.C. § 2000e-2(a)(l), 42 U.S.C. § 1981 and New York Human Rights Law (“NYHRL”) § 296. 1 Defendant now moves for summary judgment and plaintiff cross moves for partial summary judgment on the affirmative defense that plaintiff was not an employee for purposes of Title VII. The parties bring these motions pursuant to Rule 56(b) of the Federal Rules of Civil Procedure. For the reasons stated…