Legal Opinion
Giaquinto v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1987PublishedCited by 10 opinions
1Opinion of the Court
— Harvey, J.
Appeal from an order of the Supreme Court (Walsh, Jr., J.), entered May 23, 1986 in Montgomery County, which granted defendant’s motion for summary judgment dismissing the complaint.
Defendant has had in effect since 1964 an absence control plan. Under the plan, dismissal is mandated when an employee has had excessive absences. It does not matter that the absences might have been for legitimate reasons. Plaintiff was absent from work for 49 days during the first half of 1981. These absences, together with her substantial number of absences in prior years, resulted in her total…
2Cases cited4 opinions
- Schmitt v. KileyAppellate Division of the Supreme Court of the State of New York · 1986
- McAuliffe v. Taft Furniture Warehouse & Showroom, Ltd.Appellate Division of the Supreme Court of the State of New York · 1986
- Silk v. Huck Installation & Equipment DivisionAppellate Division of the Supreme Court of the State of New York · 1985
- Halpin v. State Human Rights Appeal BoardAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by10 opinions
- Bellido-Sullivan v. American International Group, Inc.District Court, S.D. New York · 2000
- Svarnas v. AT & T COMMUNICATIONSNew Jersey Superior Court Appellate Division · 1999
- Camporeale v. Airborne Freight Corp.District Court, E.D. New York · 1990
- Parker v. Sony Pictures Entertainment, Inc.District Court, S.D. New York · 1998
- Lowinger v. State University of New York Health Science CenterAppellate Division of the Supreme Court of the State of New York · 1992
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