MEMORANDUM AND ORDER
JOSEPH F. BIANCO, District Judge:
Plaintiff Anthony DeFina ("DeFina" or "plaintiff") commenced this action against Meenan Oil Company ("Meenan"), Tom Cronau ("Cronau"), and Elena Zazzera ("Zazzera") (collectively, "defendants") alleging that defendants violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. and Article 15 of the Executive Law of the State of New York § 296 (the "Human
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