MEMORANDUM-DECISION AND ORDERI. INTRODUCTION Plaintiff Margaret Keyes brings this action against Defendants Ayco Company, L.P. (“Ayco”), Goldman Sachs Group, Inc. (“Goldman Sachs”), Timothy O’Hara, Sheri Lyons, and Joseph Rigabar (together, the “Individual Defendants”), alleging that she was terminated from employment on the basis of her disability in violation of the Americans with Disabilities Act (the “ADA”), 42 U.S.C. §§12101-12213, and the New York State Human Rights Law (the “NYSHRL”), N.Y. Exec. Law §§290-301. On October 20, 2017, Defendants moved to dismiss Plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6), (Dkt. No. 18), which the Court converted to a motion for summary judgment, (Dkt. No. 24), to provide the parties “an opportunity to be heard” after Plaintiff disputed the “relevance…[and] accuracy of the documents [Defendants] relied upon” in moving for dismissal. Nicosia v. Amazon.com, Inc., 834 F.3d 220, 231 (2d Cir. 2016). The parties engaged in limited discovery and submitted additional briefing under the summary judgment standard. (Dkt. Nos. 29, 33-35, 37). For the reasons below, Defendants’ motion is granted in part and denied in part.II. FACTS1Plaintiff began working at Ayco, a limited partnership that provides financial counseling, investment management, and other financial services, (Dkt. No. 29-11, 1), in 1989 as an Associate General Counsel, (Dkt. No. 33, 9). Ayco was acquired by Goldman Sachs on July 2, 2003. (Dkt. No. 29-11, 5). At that time, Plaintiff was Vice President and Deputy General Counsel at Ayco, as well as a partner. (Id.
5, 7). Prior to the acquisition, Plaintiff entered into a Partner Agreement (the “Partner Agreement” or “April 2003 Partner Agreement”) with Ayco and Goldman Sachs on April 14, 2003. (Dkt. No. 29-11, 7). The Agreement contained the following arbitration clause:Arbitration. Subject to the provisions of Sections 20 and 21 hereof, any dispute, controversy or claim between Partner and the Firm arising out of or relating to or concerning the provisions of this Agreement, relating to or arising out of Partner’s employment with the Firm or otherwise concerning any rights, obligations or other aspects of Partner’s employment relationship in respect of the Firm (“Employment Related Matters”), shall be finally settled by arbitration in New York City before the American Arbitration Association (the “AAA”) in accordance with the commercial arbitration rules of the AAA, and the parties may invoke the AAA’s Optional Rules for Emergency Measures of Protection. The parties agree that any arbitration award may be entered as a judgment in any appropriate court.(Dkt. No. 29-3, 19; Dkt. No. 33, 34). Plaintiff also signed a July 1, 2003 Pledge Agreement, (the “Pledge Agreement”), reiterating that Plaintiff “agreed…under the Partner Agreement to certain provisions regarding arbitration, choice of law and choice of forum, injunctive relief and submission to jurisdiction with respect to the enforcement of the Obligations” set forth in the Partner Agreement. (Dkt. No. 29-3, at 21).2Following Goldman Sachs’ acquisition, Plaintiff became the Chief Operating Officer and Vice President of Financial Counseling at Ayco, one of the company’s “most important business units,” in 2004. (Dkt. No. 33, 49). In 2005, she became a Senior Vice President. (Dkt. No. 29-11, 4; Dkt. No. 33, 52). In July 2014, Plaintiff was diagnosed with breast cancer, for which she underwent “intensive and difficult” treatments. (Dkt. No. 33,
