MONTANEZ v. NEW YORK CITY HOUSING AUTHORITY


5 A.D.3d 314 (2004)

773 N.Y.S.2d 549

WILFREDO MONTANEZ, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

March 30, 2004.


Defendant claims that plaintiff, its former employee, by reason of representations made by him in obtaining federal and city disability retirement benefits, should be estopped from alleging that he was capable of performing his job duties in a reasonable manner and was thus wrongfully terminated by reason of his disability. In making this claim, defendant points to plaintiff's representations made in order to obtain federal and city disability benefits. In our view, plaintiff...

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