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GUARY v. UPSTATE NAT. BANK

No. 08-CV-6571L.

618 F.Supp.2d 272 (2009)

Rachael M. GUARY, Plaintiff, v. UPSTATE NATIONAL BANK, Defendant.

United States District Court, W.D. New York.

May 28, 2009.

Attorney(s) appearing for the Case

Seamus M. Tuohey, Victor, NY, for Plaintiff.

Jennifer A. Mereau, Underberg & Kessler LLP, Rochester, NY, Ken C. Gauvey, Offit Kurman, Maple Lawn, MD, for Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, a former employee of Upstate National Bank (the "Bank"), brings this action alleging that the Bank subjected her to a demotion equivalent to a constructive discharge, in violation of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12112 et seq.) ("ADA"), the New York Human Rights Law (N.Y. Exec. Law § 290 et seq.), and New York common law.

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