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Nande v. JP Morgan Chase & Co.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 16, 2008

GERMAN NANDE, ETC., PLAINTIFF-APPELLANT,
v.
JP MORGAN CHASE & COMPANY, ET AL., DEFENDANTS-RESPONDENTS.

Judgment, Supreme Court, New York County (Carol R. Edmead, J.), entered September 27, 2007, dismissing the complaint pursuant to an order that granted defendants' motion for summary judgment, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Sweeny, DeGrasse, Freedman, JJ.

126908/02

Defendants produced a legitimate, non-discriminatory reason for its termination of plaintiff, to wit, a work-force reduction during which associates in plaintiff's hiring class were either promoted or reduced according to each area's needs. In response, plaintiff failed to raise a triable issue of fact as to whether the reasons offered for his termination were merely pretextual (see Jordan v Bates Adv. Holdings, Inc., 46 AD3d 440 [2007], lv denied 11 NY3d 701 [2008]). Furthermore, contrary to plaintiff's contentions, defendants did not fail to reasonably accommodate his disability in violation of Executive Law § 296(3)(a) and Administrative Code of the City of New York § 8-107(15)(a). Rather, there is ample evidence that defendants provided plaintiff with various accommodations to assist him with his debilitating back injury.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20081216

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