GORDON v. CONSOLIDATED EDISON INC.

152614/17. Appeal No. 12969. Case No. 2020-02500.

190 A.D.3d 639 (2021)

140 N.Y.S.3d 512

2021 NY Slip Op 00492

Kathleen May Gordon, Respondent, v. Consolidated Edison Inc., Appellant.

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

Decided January 28, 2021.


Attorney(s) appearing for the Case

Christopher D'Angelo , Consolidated Edison Company of NY, Inc. Law Department, New York ( Adam J. Smiley of counsel), for appellant.

Kaiser Saurborn & Mair, P.C., New York ( Daniel J. Kaiser of counsel), for respondent.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.


The record shows that plaintiff worked for defendant as a financial analyst. Plaintiff suffered from irritable bowel disease (IBD), one of the conditions covered by the Compassionate Care Act (CCA) (see Public Health Law §§ 3360-3369-e), and in December 2016, she consulted a physician about whether medical marijuana would help with her IBD symptoms. The physician told plaintiff that she would be a suitable medical marijuana patient. On December 17, 2016,...

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