14 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,117 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  2. Zuckerman v. City of N.Y.

    49 N.Y.2d 557 (N.Y. 1980)   Cited 24,753 times   9 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
  3. Norville v. Staten Island Univ. Hosp

    196 F.3d 89 (2d Cir. 1999)   Cited 438 times   2 Legal Analyses
    Holding that similarly situated means being subject to the same performance standards and engaging in similar conduct
  4. Shannon v. New York City Transit Authority

    332 F.3d 95 (2d Cir. 2003)   Cited 379 times   2 Legal Analyses
    Holding that NYCHRL's requirement that plaintiff "satisfy the essential requisites of the job" is "also parallel" to the ADA's "otherwise qualified" requirement
  5. Phillips v. City of N.Y

    66 A.D.3d 170 (N.Y. App. Div. 2009)   Cited 180 times   2 Legal Analyses
    Holding that under the NYSHRL and NYCHRL, “the first step in providing a reasonable accommodation is to engage in a good faith interactive process that assesses the needs of the disabled individual and the reasonableness of the accommodation requested” and that “failure to consider the accommodation ... is a violation of [the NYSHRL]” and the NYCHRL
  6. Pimentel v. Citibank, N.A.

    29 A.D.3d 141 (N.Y. App. Div. 2006)   Cited 118 times

    6244. March 16, 2006. APPEAL from an order of the Supreme Court, Bronx County (Bertram Katz, J.), entered October 5, 2004. The order denied defendant's motion to renew a prior order denying its motion for summary judgment. Sills Cummis Epstein Gross, P.C., New York City ( David W. Garland and Jerrold J. Wohlgemuth of counsel), for appellant. Quaranta Associates, Mount Kisco ( Merryl F. Weiner and Kevin J. Quaranta of counsel), for respondent. Before: MAZZARELLI, J.P., and GONZALEZ, JJ., concur with

  7. Matter of McEniry v. Landi

    84 N.Y.2d 554 (N.Y. 1994)   Cited 132 times
    Holding that employer may rebut claim of disability discrimination by showing that plaintiff's "disability render[ed] him incapable of performing in a reasonable manner the activities involved in the job."
  8. Pembroke v. N.Y.S. Office of Court Admin

    306 A.D.2d 185 (N.Y. App. Div. 2003)   Cited 25 times

    1494 June 24, 2003. Order, Supreme Court, New York County (Jane Solomon, J.), entered August 15, 2002, which, in an action for employment discrimination based on disability, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Ralph A. Catalano, for plaintiff-appellant. John J. Sullivan, for defendant-respondent. Before: Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ. At the time of the alleged discrimination in 1995, Executive Law

  9. Jacobsen v. N.Y.C. Health & Hospitals Corp.

    97 A.D.3d 428 (N.Y. App. Div. 2012)   Cited 10 times   1 Legal Analyses

    2012-07-10 William JACOBSEN, Plaintiff–Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Defendant–Respondent. McCallion & Associates, LLP, New York (Kenneth F. McCallion of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent. TOM McCallion & Associates, LLP, New York (Kenneth F. McCallion of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondent

  10. Mair-Headley v. Westchester Cnty

    41 A.D.3d 600 (N.Y. App. Div. 2007)   Cited 8 times

    No. 2006-02919. June 12, 2007. Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the Westchester County Department of Corrections dated November 22, 2004, to terminate the petitioner's employment as a correction officer pursuant to Civil Service Law § 73, and a subsequent report and recommendation of a hearing officer dated April 29, 2005, which, after a post-termination hearing, found that the determination was correctly made. The Supreme Court, Westchester

  11. 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