The opinion of the court was delivered by: Platt, District Judge.
On December 8th, 2000 defendants moved to dismiss plaintiffs
Complaint and plaintiff cross-moved to amend the same. This
Court granted defendants' motion as to plaintiffs claim under
the ADA, but denied defendants' motion with respect to all other
claims. This Court granted plaintiffs motion to amend his
Defendants County of Suffolk and the Department of Public
Works moved again on March 9, 2001 to dismiss plaintiff's
Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules
of Civil Procedure.
Defendants' motion to dismiss must be and the same hereby is
granted as to plaintiffs claim under the ADA. Defendants' motion
to dismiss is denied as to plaintiffs claim under the NYHRL.
Plaintiff Demetrios Frudakis is a resident of New York, County
of Suffolk and was employed by Suffolk County Department of
Public Works, Design and Construction ("Suffolk County DPW")
which was then and is still a department of the County of
Suffolk. Defendant County of Suffolk is a municipal corporation.
Frudakis claims that he is disabled and suffers from panic
attacks, has a fear of being in enclosed spaces and has a
permanent injury to his left shoulder. He began employment with
defendants on or about
September 26, 1996 as an Architectural Drafter.
On November 2, 1998, Frudakis was appointed to the position of
Architectural Drafter 1, in the non-competitive classification,
pursuant to N.Y. Civil Service Law Sec. 55-a. In this position,
Frudakis' main duties were to draw up plans and go out to job
sites. In Frudakis' Complaint he states that he performed these
job functions properly and received praise for his performance.
In late November 1998, Frudakis broke his clavicle in a car
accident. Upon his return to work, he was assigned to work in
the print room, an enclosed area without windows or ventilation,
which caused him to suffer panic attacks.
On February 3, 1999, Frudakis provided defendants with a
letter from his psychiatrist informing them that working in the
print room would exacerbate his panic attacks. In the letter,
the psychiatrist asked defendants to avoid placing Frudakis in
the print room during his treatment. Despite this letter,
defendants continued to ask Frudakis to make prints in the print
On February 17, 1999, Frudakis provided defendants with a
letter from his orthopedic surgeon advising that he had
difficulty moving his left arm and shoulder and seeking a
reasonable accommodation. Despite this letter, defendants
continued to require Frudakis to carry "spec" books weighing
approximately 15 pounds.
On April 19, 1999, defendants provided Frudakis with a letter
stating that, based upon an evaluation by the County of Suffolk
Medical Review Office, he would not be required to use the print
room. Despite that letter, on May 4, 1999, Frudakis' supervisor
asked him to make prints for him. When Frudakis complained to
Commissioner Charles Bartha about defendant's failure to
accommodate him, Bartha responded that he was very disappointed
On June 1, 1999, Frudakis filed a complaint with the New York
State Division of Human Rights and EEOC alleging that defendants
failed to accommodate his disability.
Despite this complaint, defendants continued to ask Frudakis
to make prints in the print room and carry heavy books, rather
than to draw up plans and go to job sites. On September 19,
1999, after Frudakis' supervisor again asked him to ...