Legal Opinion

D'Avilar v. Cerebral Palsy Ass'n

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

Decided June 9, 2009Published

1Opinion of the Court

In an action to recover damages for employment discrimination based on disability in violation of Administrative Code, of City of NY § 8-107, the plaintiff appeals from an order of the Supreme Court, Kings County (Schack, J.), dated October 23, 2007, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff, who was employed by the defendant as a direct care aide to its severely disabled clients, was injured as the result of a crime. When she was ready to return to work, she was unable to lift more than 10…

2Cases cited3 opinions

  1. Abramov v. Miral Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Payne v. 100 Motor Parkway Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2007
  3. Rosenberg v. KotsekAppellate Division of the Supreme Court of the State of New York · 2007

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