Court of Appeals of New York

In an action in which plaintiff alleged that defendant-employer discriminated against him on the basis of his disability, the dismissal of the first and second causes of action for violations of state and city human rights law, is: 1) affirmed as to the state law claim, where neither plaintiff's communications with his employer just prior to his termination nor the complaint filed one year later offer any indication as to when plaintiff planned to return to work, and under state law, indefinite leave is not considered a reasonable accommodation; but 2) reversed as to the city law claim, because defendant did not meet its obligation under city law to plead and prove that plaintiff could not perform his essential job functions with an accommodation.

Appellate Information

• Decided 10/10/2013
• Published 10/10/2013

Judges

Court

• Court of Appeals of New York

Counsel