§Why CasetextPricing

William Jacobsen, Appellant,v.New York City Health and Hospitals Corporation, Respondent.

Brief

30 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,132 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Winegrad v. N.Y. Univ. Medical Center

    64 N.Y.2d 851 (N.Y. 1985)   Cited 18,052 times   8 Legal Analyses
    Reversing the motion court's order granting the defendants' cross-motion for summary judgment where they failed to demonstrate, with admissible proof, that the claims against them should be dismissed

  3. Giuffrida v. Citibank Corp.

    100 N.Y.2d 72 (N.Y. 2003)   Cited 1,396 times
    Discussing legislative reforms

  4. Rotuba Extruders v. Ceppos

    46 N.Y.2d 223 (N.Y. 1978)   Cited 3,658 times   1 Legal Analyses
    Holding that summary judgment should be denied where there is any doubt as to the existence of triable issues of fact

  5. Parker v. Columbia Pictures Industries

    204 F.3d 326 (2d Cir. 2000)   Cited 1,301 times   3 Legal Analyses
    Holding that "summary judgment may be appropriate under Cleveland where the SSDI and ADA claims ‘involve directly conflicting statements about purely factual matters’ "

  6. Sillman v. Twentieth Century-Fox

    3 N.Y.2d 395 (N.Y. 1957)   Cited 5,981 times   2 Legal Analyses
    Finding that provision prohibited assignments when the provision stated, in part, that "neither party hereto shall assign this agreement . . . without the prior written consent of the other party," and "that [defendant] shall not be required to recognize any assignments; and that if [defendant] shall receive notice of the existence of any assignment, it shall have the right to withhold payments until the assignment is cancelled or withdrawn"

  7. Murphy v. American Home Prod

    58 N.Y.2d 293 (N.Y. 1983)   Cited 1,846 times   1 Legal Analyses
    Holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the three-year period of N YCiv.Prac.L. R. § 214

  8. McBride v. BIC Consumer Products Manufacturing Co.

    583 F.3d 92 (2d Cir. 2009)   Cited 691 times   4 Legal Analyses
    Holding "that an employer's failure to engage in a sufficient interactive process does not form the basis of a claim under the ADA and evidence thereof does not allow a plaintiff to avoid summary judgment unless she also establishes that, at least with the aid of some identified accommodation, she was qualified for the position at issue"

  9. Graves v. Finch Pruyn Co., Inc.

    457 F.3d 181 (2d Cir. 2006)   Cited 427 times   3 Legal Analyses
    Holding that the ADA did not require employer to create a temporary position or make it permanent

  10. Kincaid v. Eberle

    464 U.S. 1018 (1983)   Cited 223 times
    Holding that "a plaintiff . . . cannot rely on attenuated possibilities that a jury would infer a discriminatory motive, but rather must come forward with sufficient evidence to establish a prima facie case and respond sufficiently to any rebuttal by the defendant to create a genuine issue of material fact"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,060 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 12111 - Definitions

    42 U.S.C. § 12111   Cited 8,001 times   60 Legal Analyses
    Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA

  13. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,316 times   141 Legal Analyses
    Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

  14. Section 466.11 - Provision of reasonable accommodation by employers, pursuant to human rights law, sections 292.21, 292.21-e, 295.5, 296.3 and 296.3-a

    N.Y. Comp. Codes R. & Regs. tit. 9 § 466.11   Cited 49 times   1 Legal Analyses

    (a) Reasonable accommodation. (1) Reasonable accommodation is defined in the Human Rights Law at section 292.21 -e, as follows: The term "reasonable accommodation" means actions taken which permit an employee, prospective employee or member with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held and include, but are not limited to, provision of an accessible worksite, acquisition or modification of equipment, support services for persons