GIBBON v. CITY OF NEW YORK

Nos. 7541, 117309/08.

95 A.D.3d 460 (2012)

943 N.Y.S.2d 482

2012 NY Slip Op 3527

CLIFTON GIBBON, Respondent, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2012.


Viewing the record in the light most favorable to plaintiff, we find that there is no competent evidence that he suffered from a disabling medical condition that prevented him from being able to produce a urine sample (see Matter of Delta Air Lines v New York State Div. of Human Rights, 91 N.Y.2d 65, 72 [1997]). Even assuming that issues of fact exist whether he suffered a medical impairment, plaintiff failed to make any showing...

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