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Warmsley v. New York City Transit Authority

United States District Court, E.D. New York
Feb 20, 2004
01-CV-4080 (NG)(LB) (E.D.N.Y. Feb. 20, 2004)

Summary

holding that the New York City Transit Authority regarded as substantially limited in the ability to work a broad range of jobs any employee who had taken a medical leave and had not obtained a release to work without restrictions

Summary of this case from Supinski v. United Parcel Service, Inc.

Opinion

01-CV-4080 (NG)(LB)

February 20, 2004


ORDER


The defendant New York City Transit Authority has filed objections to the Report and Recommendation of Magistrate Judge Lois Bloom dated November 25, 2003, which recommends that defendant's motion for summary judgment be denied and that plaintiff's motion for summary judgment on the issue of liability be granted. I have reviewed the objections, to which plaintiff has responded, under the de novo standard of review required by Rule 72(b) of the Federal Rules of Civil Procedure.

Based upon that review, I now adopt the Report and Recommendation in its entirety. Judge Bloom addressed the factual and legal issues presented in a thorough and thoughtful way, and I agree fully with her analysis and conclusions. Defendant's motion for summary judgment is denied. plaintiff's motion for summary judgment on liability is granted.

SO ORDERED.


Summaries of

Warmsley v. New York City Transit Authority

United States District Court, E.D. New York
Feb 20, 2004
01-CV-4080 (NG)(LB) (E.D.N.Y. Feb. 20, 2004)

holding that the New York City Transit Authority regarded as substantially limited in the ability to work a broad range of jobs any employee who had taken a medical leave and had not obtained a release to work without restrictions

Summary of this case from Supinski v. United Parcel Service, Inc.

finding the existence of a "100% healed" policy per se satisfies plaintiffs showing of discrimination on the basis of disability, but also requiring that plaintiff be "disabled" and "otherwise qualified" to have an ADA claim

Summary of this case from Hohider v. United Parcel

finding the existence of a "100% healed" policy per se satisfies plaintiff's showing of discrimination on the basis of disability, but also requiring that plaintiff be "disabled" and "otherwise qualified" to have an ADA claim

Summary of this case from Nolan v. Arkema, Inc.

finding the existence of a “100% healed” policy per se satisfies plaintiff's showing of discrimination on the basis of disability, but also requiring that plaintiff be “disabled” and “otherwise qualified” to have an ADA claim

Summary of this case from Nolan v. Arkema, Inc.
Case details for

Warmsley v. New York City Transit Authority

Case Details

Full title:ROBERT WARMSLEY, Plaintiff -against- NEW YORK CITY TRANSIT AUTHORITY…

Court:United States District Court, E.D. New York

Date published: Feb 20, 2004

Citations

01-CV-4080 (NG)(LB) (E.D.N.Y. Feb. 20, 2004)

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