Harbas v. Gilmore

Order, Supreme Court, New York County (Edward J. Greenfield, J.), entered October 21, 1992, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

While we disagree with the IAS Court that plaintiff’s absence from work due to his injury necessarily meant that the injury was not a "disability” as defined in Executive Law § 292 (21), qualifying plaintiff to the protection against discrimination afforded by Executive Law § 296 (1) (a) and (e), we nevertheless affirm, since no facts are alleged connecting plaintiff’s…