Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, and that branch of the defendant's motion which was to dismiss the first and third causes of action is denied.
The plaintiff is an attorney who had also worked for many years as a seasonal lifeguard at Jones Beach. In 2007, at age 57, he was not permitted to requalify as a lifeguard because he was wearing a "jammer" or bicycle-short swimsuit instead of the briefer and...
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