Court of Appeals for the Second Circuit January 8, 1988, 257, Docket 87-7517 (Richard Russo v. Trifari, Krussman & Fishel, Inc.)

WINTER, Circuit Judge:

Richard Russo appeals from the dismissal of his action brought under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634 (1982).

Upon the close of discovery, defendant Trifari, Krussman & Fishel, Inc. (“Trifari”) moved for dismissal of Russo’s complaint and alternatively for summary judgment.