Legal Opinion
DiGeronimo v. First Nationwide Bank
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 1994PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for wrongful dismissal, the defendant appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated October 1, 1992, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
Executive Law § 296 permits the dismissal of an employee who happens to have a disability when the disabling condition prevents the employee from reasonably performing his job (see, Matter of Antonsen v Ward, 77 NY2d 506; Matter of Miller v Ravitch,…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Miller v. RavitchNew York Court of Appeals · 1983
- Antonsen v. WardNew York Court of Appeals · 1991
- Obas v. KileyAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by2 opinions
- Fama v. American International Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Lawson v. High Bar Wholesale Food Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1995