MEMORANDUM OPINION AND ORDER
KRAM, District Judge.
This action is brought by plaintiff Samuel, an employee of defendant Merrill Lynch Pierce Fenner & Smith (hereinafter "Merrill Lynch"), for alleged violation and intentional violation of the Age Discrimination in Employment Act (hereinafter "ADEA"), 29 U.S.C. § 621 et seq. and violation of Section 296 of the New York Executive
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