Magistrate Judge Andrew E. Krause1 OPINION AND ORDER Plaintiff Jeriel Alexander, proceeding pro se, brings this action against Defendant The Stop and Shop Supermarket Company, LLC (“Stop & Shop”), asserting claims for racial discrimination pursuant to 42 U.S.C. §1981; the New York Human Rights Law (“NYHRL”), New York Exec. Law §296 et seq.; the New York City Human Rights Law (“NYCHRL”), New York City Admin. Code §8-101 et seq.; and New York Civil Rights Law §40. See ECF No. 37 (“Amended Complaint” or “Am. Compl.”). Currently before the Court are Stop & Shop’s motion for summary judgment, ECF No. 74, and Plaintiff’s cross-motion for summary judgment, ECF No. 83. For the reasons that follow, Stop & Shop’s motion is GRANTED IN PART AND DENIED IN PART, and Plaintiff’s cross-motion is DENIED. BACKGROUND I. Factual Background Since only a small number of facts appear to be undisputed, the following facts relevant to the Court’s decision are taken primarily from the evidence submitted in support of Stop & Shop’s motion and Plaintiff’s cross-motion,2 rather than the parties’ Local Civil Rule 56.1 Statements and Counter-statements.3 See Stop & Shop’s Local Civil Rule 56.1 Statement, ECF No. 75; Plaintiff’s Response to Stop & Shop’s Local Civil Rule 56.1 Statement, ECF No. 89 (“Pl.’s Counter 56.1″); Plaintiff’s Local Civil Rule 56.1 Statement, ECF No. 85; Stop & Shop’s Response to Plaintiff’s Local Civil Rule 56.1 Statement, ECF No. 99 (“Def.’s Response 56.1″); and Plaintiff’s Rebuttal Local Civil Rule 56.1 Statements, ECF Nos. 105 & 107.4 Plaintiff is a black male. ECF No. 77 (“Shafeek Decl.”) Ex. G (“Pl. 7/25 Dep.”) at 19:25-20:7, 92:7-9. On August 7, 2020 around 9:30 p.m., Plaintiff was at the Stop & Shop store at 154 Westchester Avenue in White Plains, New York with his sister, Sapphira Alexander (“Sapphira”), and mother, Glyda Alexander (“Glyda”). Pl.’s Counter 56.1
57-58, 60; Pl. 7/25 Dep. at 6:16-7:22; Shafeek Decl. Ex. R (“Pl. 10/23 Dep.”) at 16:11-20; Shafeek Decl. Ex. F (“Glyda 5/16 Dep.”) at 22:9-17; see also ECF Nos. 70-71. After shopping for groceries, Plaintiff and Sapphira went to the self-checkout area of the store, while Glyda waited for them at the exit. Pl. 7/25 Dep. at 8:4-15, 9:10-11, 15:7-8; Shafeek Decl. Ex. E (“Sapphira 3/29 Dep.”) at 23:24-25:5; Shafeek Decl. Ex. U (“Glyda 11/9 Dep.”) at 8:4-16.5 Plaintiff maintains that while he was finishing up at the checkout register, a white female Stop & Shop employee was standing close to him and watching him. Pl.’s Counter 56.1 67; Pl. 7/25 Dep. at 11:21-25 (Plaintiff testified that while he was scanning his purchases and before he obtained his receipt, the white female Stop & Shop employee was “standing behind me and hovering over me”); ECF No. 97 at pp. 39-42 (“Sapphira 8/15/23 Decl.”) 3 (“When [Plaintiff] started to scan his items, she came and stood behind [Plaintiff]. He didn’t ask for help or her [sic], nor did she offer help to him.”).6 According to Plaintiff, as the receipt for his purchases was printing, the white female Stop & Shop employee called him racial epithets, told him to “stop stealing,” and threatened to call the police. Pl. 7/25 Dep. at 14:23-15:6 (“It was after when I was getting my receipt pulling from my hand and about two or three seconds, she said the ‘N’ word. I said, what the heck? I heard it, but I tried to act like I didn’t hear it. She started following me and she started to recall the same words.”), 16:5-9; Shafeek Decl. Ex. T (“Sapphira 10/27 Dep.”) at 12:3-24 (“in the midst of [Plaintiff] getting his receipt is when she had say [sic], hey, stop…at the same time of getting the receipt…she stepped in a little closer, and that’s when she began to accuse him of stealing”). Plaintiff testified at deposition that he began to walk toward the exit, but the white female employee followed and then stopped him, asked to see his receipt, and looked inside his bag of groceries. Pl.’s Counter 56.1
