Montanez v. New York City Housing Authority

Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about September 17, 2003, which, to the extent appealed from, denied in part defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant claims that plaintiff, its former employee, by reason of representations made by him in obtaining federal and city disability retirement benefits, should be estopped from alleging that he was capable of performing his job duties in a reasonable manner and was thus wrongfully terminated by reason of his disability. In making this claim,…