LETTAU v. 1199 SEIU NATL. BENEFIT FUND

Index No. 158020/18. Appeal No. 14784. Case No. 2021-01656.

200 A.D.3d 462 (2021)

155 N.Y.S.3d 70

2021 NY Slip Op 06806

Edward Lettau, Appellant, v. 1199 SEIU National Benefit Fund, Respondent.

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

Decided December 7, 2021.


Attorney(s) appearing for the Case

Michael G. O'Neill , New York, for appellant.

Ian A. Weinberger , New York, for respondent.

Concur—Acosta, P.J., Gische, Webber, Friedman, Kennedy, JJ.


Defendant's summary judgment motion should have been denied because the record raises an issue of fact as to whether defendant fulfilled its obligation to engage in a cooperative dialogue with plaintiff, a disabled employee, to determine whether a reasonable accommodation of his disability could be devised (see Administrative Code of City of NY § 8-107[28][a][2] [making it unlawful for an employer "to refuse or otherwise fail to engage in a cooperative dialogue...

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