Legal Opinion

Evans v. City of New York

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

Decided July 14, 2009PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Paul George Feinman, J.), entered August 17, 2007, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to make a prima facie showing of discrimination pursuant to Executive Law § 296 (1) (see Matter of McEniry v Landi, 84 NY2d 554, 558 [1994]). While he demonstrated that he suffered from a mental impairment, he failed to present evidence sufficient to raise an inference that he could perform his job with reasonable accommodations (Executive Law § 292 [21]; Pimentel v…

2Cases cited3 opinions

  1. MATTER OF MCENIRY v. LandiNew York Court of Appeals · 1994
  2. Pimentel v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Morris v. Schroder Capital Management InternationalNew York Court of Appeals · 2006

3Cited by5 opinions

  1. Schlenger v. Fidelity Employer Services Co., LLCDistrict Court, S.D. New York · 2011
  2. Leon v. State Univ. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Arrospide v. City of New YorkNew York Supreme Court, New York County · 2025
  4. Arrospide v. City of New YorkNew York Supreme Court, New York County · 2025
  5. Halvatzis v. Jamaica Hosp. Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2018

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