Leake v. Long Island Jewish Medical Center

MEMORANDUM AND ORDER

PLATT, Chief Judge.

Defendant moves this Court for summary judgment pursuant to Federal Rule of Civil Procedure 56. Defendant contends that this matter should be dismissed, first, because this plaintiff does not have a valid claim under section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. § 794 (West Supp.1988), and, second, because plaintiffs claim based on the New York State Human Rights Law, N.Y.Exec.Law § 296.1(a) (McKinney 1982), is barred under the doctrine of election of remedies.

FACTS

Robert Leake, a one-armed person, was hired by Long Island Jewish Medical…