From Casetext: Smarter Legal Research

Silver v. City of N.Y.

Supreme Court, Appellate Division, First Department, New York.
Mar 11, 2014
115 A.D.3d 485 (N.Y. App. Div. 2014)

Opinion

2014-03-11

Diane SILVER, Plaintiff–Appellant, v. CITY OF NEW YORK DEPARTMENT OF HOMELESS SERVICES, Defendant–Respondent.

Kreisberg & Maitland, LLP, New York (Jeffery L. Kreisberg of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.


Kreisberg & Maitland, LLP, New York (Jeffery L. Kreisberg of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered September 24, 2012, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established that the denial of plaintiff's request to be reassigned to a certain work location did not constitute a refusal to make a reasonable accommodation for plaintiff's disability ( seeExecutive Law § 296; Administrative Code of City of N.Y. § 8–107). There was no position available at the location plaintiff desired, and in any event, “an employer is not obligated to provide the disabled employee with [an] accommodation that the employee requests or prefers” ( Pimentel v. Citibank, N.A., 29 A.D.3d 141, 148, 811 N.Y.S.2d 381 [1st Dept.2006],lv. denied7 N.Y.3d 707, 821 N.Y.S.2d 813, 854 N.E.2d 1277 [2006] [internal quotation marks omitted] ).

We have considered plaintiff's remaining arguments and find them unavailing. MAZZARELLI, J.P., SWEENY, DeGRASSE, MANZANET–DANIELS, GISCHE, JJ., concur.


Summaries of

Silver v. City of N.Y.

Supreme Court, Appellate Division, First Department, New York.
Mar 11, 2014
115 A.D.3d 485 (N.Y. App. Div. 2014)
Case details for

Silver v. City of N.Y.

Case Details

Full title:Diane SILVER, Plaintiff–Appellant, v. CITY OF NEW YORK DEPARTMENT OF…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 11, 2014

Citations

115 A.D.3d 485 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 1550
981 N.Y.S.2d 533

Citing Cases

Fusco v. HSBC Bank

The issue is whether the employer has fulfilled its duty to provide a reasonable accommodation that, if…

Van Vorst v. Lutheran Healthcare

The Appellate Division has held that that the City Law does not obligate covered entities to provide disabled…