MEMORANDUM OPINION
KAPLAN, District Judge.
The City of New York moves pursuant to FED.R.CIV.P. 12(b)(1) and 12(b)(6) to dismiss this employment discrimination action brought under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law as against it on the ground that the City was not named in the EEOC charges and, in any case, because the City was not the plaintiffs' employer. The motion is denied.
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