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BERRY-MAYES v. NEW YORK CITY HEALTH & HOSPS. CORP.

Index No. 21681/17E. Appeal No. 14264. Case No. 2020-03686.

198 A.D.3d 409 (2021)

152 N.Y.S.3d 303

2021 NY Slip Op 05285

Wanna Berry-Mayes, as Administrator of the Estate of Andre Berry, Deceased, Appellant, v. New York City Health and Hospitals Corporation, Respondent.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

Eisenberg & Baum, LLP, New York ( Andrew Rozynski of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Claude S. Platton of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Kennedy, Shulman, JJ.

Plaintiff claims that the decedent, who was deaf or hearing impaired and suffered from multiple serious conditions, was discriminated against during his treatment at Lincoln Medical Center and Jacobi Hospital, in violation of the New York City Human Rights Law (HRL), because an American Sign Language (ASL) interpreter was not present during certain medical interactions, including the presentation of informed consent forms.

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