Legal Opinion

Horgan v. Whitaker

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

Decided December 31, 2008PublishedCited by 1 opinion

1Opinion of the CourtRose, J.

In his complaint, plaintiff alleges that he was assaulted at work by his immediate supervisor, that this assault caused him to suffer, among other things, severe atrial fibrillation which required hospitalization and that he has a disabling heart condition that could be life threatening if he were to suffer a similar assault in the future. In his third cause of action based upon these allegations, plaintiff asserts that his employer and its manager of human resources violated Executive Law § 296 (3) when they refused to accommodate his medical disability by denying his request for transfer to…

2Cases cited9 opinions

  1. 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
  2. Irene Wernick v. Federal Reserve Bank of New YorkCourt of Appeals for the Second Circuit · 1996
  3. Reeves v. Johnson Controls World Services, Inc.Court of Appeals for the Second Circuit · 1998
  4. State Division of Human Rights v. Xerox Corp.New York Court of Appeals · 1985
  5. Pimentel v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006

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3Cited by1 opinion

  1. Felix v. City and County of DenverDistrict Court, D. Colorado · 2010

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