Legal Opinion

Phillips v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 2009PublishedCited by 75 opinions

1Opinion of the Court

OPINION OF THE COURT

Acosta, J.

This case requires us to examine the “reasonable accommodation” provisions of the New York State and City Human Rights Laws (HRLs) in the context of a CPLR 3211 motion. We begin with the recognition of the New York City Council’s mandate that courts should be sensitive to the distinctive language, purposes and liberal construction analysis required by the City HRL under Williams v New York City Hous. Auth. (61 AD3d 62, 65 [2009]).

I. Background

Plaintiff was hired by defendant Department of Homeless Services (DHS) in a noncompetitive civil service title in 1988.…

2Cases cited17 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  3. Leon v. MartinezNew York Court of Appeals · 1994
  4. Toyota Motor Manufacturing, Kentucky, Inc. v. WilliamsSupreme Court of the United States · 2002
  5. School Bd. of Nassau Cty. v. ArlineSupreme Court of the United States · 1987

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3Cited by75 opinions

  1. Loeffler v. Staten Island University HospitalCourt of Appeals for the Second Circuit · 2009
  2. Francis v. Kings Park Manor, Inc.Court of Appeals for the Second Circuit · 2021
  3. Jacobsen v. New York City Health & Hospital Corp.New York Court of Appeals · 2014
  4. Romanello v. Intesa Sanpaolo, S.p.A.New York Court of Appeals · 2013
  5. Fernandez v. Windmill Distributing Co.District Court, S.D. New York · 2016

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