Sherman v. Kang
Cases that cite this one
3 later published cases cite this decision.
- Dantonio v. Kaleida Health (Appellate Division of the Supreme Court of New York 2001)
- Regal Entertainment Group v. New York State Division of Human Rights (Appellate Division of the Supreme Court of New York 2009)
- Kwarren v. American Airlines (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendants’ motion for summary judgment dismissing the complaint. Plaintiff commenced this action alleging that defendants unlawfully discriminated against her by discharging her from employment because of her disability in violation of Executive Law § 296 (1) (a). The Human Rights Law limits the term “disability” to those stated disabilities that “do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought or held” (Executive Law § 292 [21]). “The law is designed to prevent discrimination against a person who has a disability but who is or can be a productive worker” (Giaquinto v New York Tel. Co., 135 AD2d 928, 928-929, lv denied 73 NY2d 701; see, McAuliffe v Taft Furniture Warehouse & Showroom, 116 AD2d 774, 775, lv denied 67 NY2d 609). In support of their motion, defendants submitted evidentiary proof in admissible form establishing that, within a few days after she was fired for poor work performance, plaintiff applied for workers’ compensation benefits claiming that she was totally disabled and unable to work based upon a back injury sustained during the course of her employment. Defendants also submitted copies of reports that plaintiff’s doctors filed in the workers’ compensation proceeding stating that plaintiff was totally disabled as of July 1995. In opposition to the motion, plaintiff failed to produce eviden
Case-law data current through September 30, 2026. Source: CourtListener bulk data.