Levy v. Schnader

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 28, 1995, which denied, in part, defendant’s motion for partial summary judgment, unanimously modified, on the law, to the extent of dismissing the third cause of action and otherwise affirmed, without costs.

The third cause of action concerning alleged age discrimination is dismissed since the record demonstrates that plaintiff was a "partner” of the defendant law firm as opposed to an "employee” of said firm and thus lacks standing to sue pursuant to section 296 of the Executive Law (see, Ehrlich v Howe, 848 F Supp…