TIBBITS v. VERIZON NEW YORK, INC.


40 A.D.3d 1300 (2007)

836 N.Y.S.2d 727

DANA L. TIBBITS, Appellant, v. VERIZON NEW YORK, INC., Respondent.

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

Decided May 17, 2007.


Peters, J.P.

Plaintiff commenced this action alleging that, under Executive Law § 296 (3) (a), defendant, her employer, denied her reasonable request for a voice recognition system or light duty assignment to accommodate her disability. After joinder of issue, defendant made a successful motion for summary judgment, contending that plaintiff failed to establish a disability within the meaning of Executive Law § 292 (21) (a). Upon the subsequent denial of...

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