Hand and Zenner even recommended plaintiff for a promotion to a Vice President's position. After his return to Hartmarx in 1991, plaintiff excelled in his position at Hickey-Freeman in fact, defendant named him the 1993 Salesman of the Year, gave him the 1994 "World Class Award" for outstanding sales, and Messrs. Zenner, who had recommended that plaintiff be hired by Hartmarx, ultimately became plaintiff's supervisor when plaintiff joined Hickey-Freeman in or about March 1993. 7, Deposition *557 of Howard Zenner, Septem("Zenner Depo.") at 29. In 1991, both Howard Zenner and plaintiff left Aquascutum and returned to Hartmarx. Zenner left the Hartmarx family of companies to work for Aquascutum in 1987, plaintiff successfully solicited a job from Mr. 10, Declaration of Howard Zenner dated J("Zenner Decl.") at ¶ 3. Plaintiff had worked as a salesperson for another Hartmarx subsidiary from approximately 1980 to 1986 and was supervised during that time by Howard Zenner. Plaintiff began working as the Northeast Sales Manager for Hickey-Freeman, a wholly owned subsidiary of Hartmarx Corporation ("Hartmarx"), on or about September of 1991. Plaintiff's lithium regimen allowed him to perform all of his duties while employed by defendant. Lithium has effectively controlled and regulated plaintiff's bi-polar disorder and all of its symptoms. Plaintiff has maintained his lithium treatment from 1971 until today, including the entire period of his employment at Hickey-Freeman. See Declaration of Susan Schenkel-Savitt in Support of Defendant's Motion for Summary Judgment dated J("Savitt Decl."), Exhibit ("Exh.") 4, Deposition of Barry Kramer, May 11, October 14, and Decem("Kramer Depo.") at 50 Savitt Decl., Exh., 3, Plaintiff's Response to Defendant's First Request for Admissions dated Ap("Pl.Resp.") at ¶¶ 1-3. Plaintiff was first diagnosed with this disorder in 1960, and he received his first lithium treatment for it in 1971. Plaintiff has bi-polar disorder, which is also known as manic depression. For the reasons that follow, the Court grants defendant's motion. Defendant now moves for summary judgment against plaintiff pursuant to Rule 56 of the Federal Rules of Civil Procedure. Kramer" or "plaintiff") brings this action against his former employer, defendant Hickey-Freeman, Inc.("Hickey-Freeman" or "defendant") alleging disability discrimination against plaintiff in violation of the Americans with Disabilities Act ("ADA"), denial of unpaid leave in violation of the Family and Medical Leave Act ("FMLA"), and intentional infliction of emotional distress. Winston & Strawn, Susan Schenkel-Savitt, of counsel, New York City, for Defendant. Wertheimer, of counsel, New York City, for Plaintiff. HICKEY-FREEMAN, INC., a/k/a Hickey-Freeman Company Defendant.
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