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LINCOLN CERCPAC v. HEALTH AND HOSPITALS CORP.

No. 95 Civ. 7154 (CBM).

920 F.Supp. 488 (1996)

LINCOLN CERCPAC, Stacey Ellis, in her individual capacity and as general guardian of infant Abraham Ellis; Abraham Ellis, an infant; Margarita Agosta in her individual capacity and as general guardian of infant Jesus Cortes, Jr.; Jesus Cortes, Jr. an infant; Elsa Lopez, in her individual capacity and as general guardian of infant Victor Galarza, Jr.; Victor Galarza, Jr., an infant; Ercilia Santos, in her individual capacity and as general guardian of infant Anthony Perez; Anthony Perez, an infant, Plaintiffs, v. HEALTH AND HOSPITALS CORPORATION, Defendant.

United States District Court, S.D. New York.

March 21, 1996.

Attorney(s) appearing for the Case

Kipp Elliot Watson, New York City, for plaintiffs.

City of New York Law Department by Todd Bromberg, James Girillo, New York City, for defendant.

OPINION

MOTLEY, District Judge.

I. Introduction

This action is brought under the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. sec. 12101, et seq., and section 504 of the Federal Rehabilitation Act of 1973 (the "Rehab Act"), 29 U.S.C. sec. 794. Plaintiffs, who seek class certification, claim to represent approximately 3500 developmentally disabled children and parents in the South Bronx and North Manhattan...

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