GREENWAY v. BUFFALO HILTON HOTEL

Docket Nos. 97-7220, 97-7269.

143 F.3d 47 (1998)

Danny T. GREENWAY, Plaintiff-Appellee Cross-Appellant, v. The BUFFALO HILTON HOTEL, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 30, 1998.


Attorney(s) appearing for the Case

Warren M. Davison, Baltimore, MD (Samantha Rosenberg, Littler, Mendelson, Fastiff, Tichy & Mathiason, P.C., Baltimore, MD; A. Michael Weber, Littler, Mendelson, Fastiff, Tichy & Mathiason, P.C., New York City, of counsel), for Defendant-Appellant.

David P. Marcus, Buffalo, NY (Tamara M. Giordano, Marcus, Knoer, Crawford & Hilton, LLP, Buffalo, NY, of counsel), for Plaintiff-Appellee.

Before: CARDAMONE, WALKER, and LEVAL, Circuit Judges


CARDAMONE, Circuit Judge:

On this appeal we have before us an employee who a jury found had been discriminated against by an employer on account of his disability in violation of federal and state law; that is, there was a wrong against plaintiff from the start. Yet that same employee later also failed to take such action as lay within his power to mitigate his damages flowing from the initial loss of employment. Now we are called upon to decide what duties and responsibilities...

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