Wolfson Casing Corp. v. Kirkland
Cases that cite this one
6 later published cases cite this decision.
- Matter of Harrison v. Palumbo (Appellate Division of the Supreme Court of New York 2014)
- Matter of Margolis v. York State Dept. of Motor Vehicles (Appellate Division of the Supreme Court of New York 2019)
- Matter of Pogorzelska v. New York State Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2016)
- Matter of Monzidelis v. Town of Eastchester (Appellate Division of the Supreme Court of New York 2015)
- Matter of Rivera v. Blass (Appellate Division of the Supreme Court of New York 2015)
- Matter of Aschkenasy v. Municipal Hous. Auth. for City of Yonkers (Appellate Division of the Supreme Court of New York 2015)
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
The complainant alleged that after 19 years of working for the petitioner, Wolfson Casing Corporation (hereinafter Wolf-son), she was terminated from her employment because she had enrolled for the first time in Wolfson’s health care plan, which caused Wolfson’s premium to increase due to the complainant’s pre-existing medical condition. Wolfson responded that the complainant was fired for insubordination. At the hearing, the complainant testified that she was terminated within one month of having enrolled in the health care plan. On cross-examination, the complainant acknowledged that she had occasional altercations with a coworker and that her supervisor had spoken with her concerning the altercations. Wolfson submitted the complainant’s written performance evaluation as proof of her unsatisfactory performance, and its human resources manager testified that one week prior to the complainant’s termination, she had refused a request to cover for the receptionist at the front desk. The manager further testified that Wolfson used a community-rated health care plan and that the insurance premium was based on Wolfson’s geographic location, not on usage.
The Commissioner’s conclusion that the petitioner discriminated against the complainant on the basis of her disability is not supported by substantial evidence. The petitioner provided legitimate, nondiscriminatory reasons for terminating the complainant’s employment (see Matter of McEniry v Landi, 84
Case-law data current through December 31, 2025. Source: CourtListener bulk data.