United States Second Circuit

In age discrimination and retaliation suit, grant of motion to dismiss and denial of cross-motion to amend the complaint as futile are vacated where certain of plaintiffs' claims were supported by factual allegations sufficient to withstand a motion to dismiss for failure to state a claim upon which relief can be granted.

Appellate Information

• Decided 07/24/2007
• Published 07/24/2007

Judges

• STANCEU, Judge:, Before:  KEARSE and SACK, Circuit Judges, and STANCEU, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lee Nuwesra (Jerald Abrams, on the brief), Law Office of Lee Nuwesra, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Kenneth Kirschner (Michael E. DeLarco, on the brief), Heller Ehrman LLP, New York, NY, for Defendants-Appellees.