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SHINE v. ROOSEVELT HOSPITAL

26 A.D.3d 204 (2006)

809 N.Y.S.2d 45

ROBIN SHINE, Appellant, v. ROOSEVELT HOSPITAL, Respondent, et al., Defendants.

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

February 9, 2006.

Plaintiff, an individual missing the four parallel fingers on her left hand, failed to raise a triable issue of fact as to whether she was qualified to perform the essential job functions of the position of Operating Room Technician (see Laurin v. Providence Hosp., 150 F.3d 52, 62 [1st Cir 1998] [plaintiff bears the burden of raising a triable issue to show that the employer's purported reason is a pretext for discriminatory action...

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