Barr v. BJ's Wholesale Club, Inc.

In an action, inter alia, to recover damages for discrimination *821in employment on the basis of disability in violation of Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated April 3, 2008, which granted the defendants’ motion, in effect, to dismiss the complaint pursuant to CPLR 3211 (a) and Executive Law § 297 (9).

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion, in effect, to dismiss the complaint pursuant to CPLR 3211 (a) and Executive Law § 297 (9) is denied.

Executive Law § 297 (9) provides that…