HARBAS v. GILMORE


193 A.D.2d 553 (1993)

597 N.Y.S.2d 704

Stephen Harbas, Appellant, v. Abby Gilmore et al., Respondents

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

May 25, 1993


While we disagree with the IAS Court that plaintiff's absence from work due to his injury necessarily meant that the injury was not a "disability" as defined in Executive Law § 292 (21), qualifying plaintiff to the protection against discrimination afforded by Executive Law § 296 (1) (a) and (e), we nevertheless affirm, since no facts are alleged connecting plaintiff's termination two months after he returned to work to either his disability or his opposition to...

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