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Grastorf v. Community Bank N.A.

Facts Alleged in Fired Bank Manager's Complaint Do Not Support Inference of Discrimination

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DECISION AND ORDER I. INTRODUCTION   In this action, Plaintiff Diana Grastorf seeks damages from her former employer, Community Bank, N.A. (“the Bank”), for violating her rights under Title VII and the ADEA and under New York human rights law when the Bank terminated her employment on the basis of her gender and age. Before this Court is the Bank’s motion to dismiss Grastorf’s complaint pursuant to Federal Rule of Civil Procedure 12 (b)(6). For the following reasons, Defendant’s motion will be granted. II. BACKGROUND This Court assumes the truth of the following factual allegations contained in Grastorf’s very brief complaint. See Hosp. Bldg. Co. v. Trs. of Rex Hosp., 425 U.S. 738, 740, 96 S. Ct. 1848, 48 L. Ed. 2d 338 (1976); see also Hamilton Chapter of Alpha Delta Phi, Inc. v. Hamilton Coll., 128 F.3d 59, 63 (2d Cir. 1997). Diana Grastorf, a female who is over the age of 40, held the position of Branch Manager with the Bank for an unspecified period of time. (Complaint, Docket No. 1,

810.) On an unspecified date, the Bank terminated her position. (Id.,

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