United States Second Circuit

In an action alleging discrimination on account of a medical disability, summary judgment for defendant is vacated where plaintiff's statements on his job application did not judicially estop him from bringing his Americans with Disabilities Act claim because those statements did not contradict plaintiff's position on the critical issue of whether he was able to fulfill the essential functions of his employment with reasonable accommodation.

Appellate Information

• Argued 07/07/2009
• Decided 02/17/2010
• Published 02/17/2010

Judges

• BARRINGTON D. PARKER, Circuit Judge:, Before POOLER, B.D. PARKER, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Peter A. Romero (Neil M. Frank, on the brief), Frank & Associates, Farmingdale, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Neil G. Sparber (Brian W. Tilker, on the brief), Fulbright & Jaworski LLP, New York, N.Y., for Defendant-Appellee.