Lawson v. High Bar Wholesale Food Distributors, Inc.

In an action, inter alia, to recover damages for wrongful termination and to recover overtime pay, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kutner, J.), dated January 6, 1994, which granted the defendants’ motion for summary judgment dismissing the complaint and denied the plaintiff’s cross motion for summary judgment.

Ordered the order is affirmed, with costs.

*647Executive Law § 296 permits the dismissal of a disabled employee when the disabling condition prevents the employee from reasonably performing his job (see, Matter of Antonsen v Ward, 77 NY2d 506;…