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D'AVILAR v. CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE

63 A.D.3d 776 (2009)

880 N.Y.S.2d 515

GRACE D'AVILAR, Appellant, v. CEREBRAL PALSY ASSOCIATIONS OF NEW YORK STATE, Respondent.

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

Decided June 9, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff, who was employed by the defendant as a direct care aide to its severely disabled clients, was injured as the result of a crime. When she was ready to return to work, she was unable to lift more than 10 pounds with her right arm, and she advised the defendant that she required a "reasonable accommodation" in order to perform her job. The defendant, insisting that an essential prerequisite for a direct care...

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