Legal Opinion
Anthony P. Capobianco, Jr. v. City of New York and New York City Department of Sanitation, Docket No. 04-3230-Cv
Court of Appeals for the Second Circuit
Decided September 1, 2005No. 47PublishedCited by 430 opinions
1Opinion of the Court
CHIN, District Judge.
In this case, plaintiff-appellant Anthony P. Capobianco, Jr. was employed as a New York City sanitation worker. He suffers from “congenital stationary night blindness,” which prevents him from driving at night and makes it difficult for him to see and function in dim light. The New York City Department of Sanitation (“DOS”) fired him, at least in part, as a jury could find, because of the limitations imposed by his medical condition.
Capobianco brought this action against DOS and the City of New York (the “City”), alleging violations of the Americans with Disabilities Act…
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