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Antonacci v. KJT Group Inc.

Discrimination Suit Partly Dismissed; Gender Bias Not Plausibly Alleged, Pretext Not Shown

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DECISION AND ORDER Plaintiff Mark Antonacci (“Antonacci”) brings this action against his former employer, KJT Group, Inc. (“KJT”) and its President and Chief Executive Officer, Michaela Gascon (“Gascon”) (collectively “defendants”). Plaintiff alleges discrimination in employment on the basis of age and gender, and aiding and abetting discrimination, pursuant to the New York Human Rights Law, N.Y. Exec. Law §296(1)(a) (“NYHRL”), breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and failure to pay wages pursuant to New York Labor Law §109(1) (“NYLL”) (Amended Complaint, Dkt. #37). The defendants have moved for summary judgment dismissing the Amended Complaint (Dkt. #57), and Antonacci has cross moved for partial summary judgment (Dkt. #63) with respect to his breach of contract and NYLL claims. For the reasons that follow, defendants’ motion for summary judgment is granted in part and denied in part, and plaintiff’s cross motion for summary judgment is denied. FACTUAL BACKGROUND I. Plaintiff’s Work at KJT Defendant KJT is a consulting firm that provides market research and analytics to clients in the healthcare industry. Individual defendant Gascon is KJT’s Chief Executive Officer (“CEO”). Plaintiff served as KJT’s Executive Vice President for Commercial Operations from January 2020 until his termination in June 2021. He was interviewed, and ultimately hired for the position, by Gascon (then KJT’s Chief Operating Officer) and former KJT CEO Kenneth Tomaszewski (“Tomaszewski”), pursuant to the terms of an Offer Letter dated January 2, 2020 (the “Offer Letter”), which plaintiff accepted. (Dkt. #57-3, at

5-9; Dkt. #73-1 at

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