A. ANONYMOUS v. MOUNT SINAI HOSPITAL

7119. 7118.

164 A.D.3d 1167 (2018)

82 N.Y.S.3d 408

2018 NY Slip Op 06212

A. Anonymous, Appellant, v. Mount Sinai Hospital, Respondent, et al., Defendant.

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

Decided September 25, 2018.


Supreme Court correctly dismissed the claim under the New York City Human Rights Law (City HRL) (Administrative Code of City of NY § 8-107 [1]) that defendant terminated plaintiff's employment on the basis of his disability. Defendant established prima facie that it terminated plaintiff's employment because of his excessive absences, and plaintiff failed to raise an issue of fact whether the proffered reason was pretextual (see Melman v Montefiore Med. Ctr., ...

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