§Why CasetextPricing

In the Matter of Marine Holdings, LLC, et al., Respondents,v.New York City Commission on Human Rights, Appellant, et al., Respondent.

Brief

9 Cited authorities

  1. Jacobsen v. N.Y. City Health & Hosp. Corp.

    2014 N.Y. Slip Op. 2098 (N.Y. 2014)   Cited 857 times   5 Legal Analyses
    Holding that an "employer normally cannot obtain summary judgment on a State HRL claim unless the record demonstrates that there is no triable issue of fact as to whether the employer duly considered the requested accommodation;" but "at trial on a State HRL claim, the plaintiff employee still bears the burden of proving the existence of a reasonable accommodation that would have enabled the employee to perform the essential functions of his or her position"

  2. 300 Gramatan v. Human Rights

    45 N.Y.2d 176 (N.Y. 1978)   Cited 2,302 times
    In 300 Gramatan Ave. Assoc. v State Div. of Human Rights (45 NY2d 176), we stated that "substantial evidence consists of proof within the whole record of such quality and quantity as to generate conviction in and persuade a fair and detached fact finder that, from that proof as a premise, a conclusion or ultimate fact may be extracted reasonably — probatively and logically" (id. at 181).

  3. Borkowski v. Valley Cent. School Dist

    63 F.3d 131 (2d Cir. 1995)   Cited 419 times   1 Legal Analyses
    Holding that a permanent aide could be a reasonable accommodation if not performing the essential functions of the position

  4. Matter of Miller v. DeBuono

    90 N.Y.2d 783 (N.Y. 1997)   Cited 78 times
    Finding the preponderance standard constitutionally mandated because the sanction at issue "publicly brand[ed] petitioner a patient abuser," banning her from employment in the residential health care industry and potentially preventing "future employment opportunities in any arena"

  5. Louis Harris & Associates, Inc. v. deLeon

    84 N.Y.2d 698 (N.Y. 1994)   Cited 50 times
    Holding that more than a seven-year delay in the processing of a discrimination complaint against petitioner did not prejudice petitioner as a matter of law

  6. Orlic v. Gatling

    44 A.D.3d 955 (N.Y. App. Div. 2007)   Cited 9 times

    No. 2006-05333. October 23, 2007. In a proceeding pursuant to Administrative Code of the City of New York § 8-123, inter alia, to review so much of a determination of the New York City Commission on Human Rights dated May 26, 2005, as failed to award damages to the petitioner without first obtaining a report and recommendation of an Administrative Law Judge, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Polizzi, J.), dated January

  7. Riverbay Corp. v. N.Y.C. Comm'n on Human Rights

    2011 N.Y. Slip Op. 34042 (N.Y. Sup. Ct. 2011)   Cited 1 times

    Index No.: 260832/10 09-09-2011 RIVERBAY CORPORATION and VERNON COOPER., Petitioners, v. NEW YORK CITY COMMISSION ON HUMAN RIGHTS and JOHN ROSE, Respondents. Mary Ann Brigantti-Hughes Present: Hon. DECISION/ORDER The following papers numbered 1 to read on the below motions noticed on March 25, 2011 and duly submitted on the Part 1A15 Motion calendar of ____, 2011: Papers Submitted Numbered Pet.'s Affirmation in support, memo of law. exhibits 1,2.3 Resp. Affirmation in Opposition, memo of law. exhibits

  8. Section 3602 - Definitions

    42 U.S.C. § 3602   Cited 1,160 times   8 Legal Analyses
    Defining "dwelling" as "any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof"

  9. Section 36.304 - Removal of barriers

    28 C.F.R. § 36.304   Cited 288 times
    Listing "[e]xamples of steps to remove barriers"