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PHILLIPS v. CITY OF NEW YORK

101127/07, 55.

66 A.D.3d 170 (2009)

884 N.Y.S.2d 369

2009 NY Slip Op 5990

DEBORAH PHILLIPS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided July 28, 2009.

Attorney(s) appearing for the Case

Kreisberg & Maitland, LLP, New York City (Jeffrey L. Kreisberg of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Ellen Ravitch, Stephen J. McGrath and Jamie M. Zinaman of counsel), for respondents.

SAXE and RENWICK, JJ., concur with ACOSTA, J.; ANDRIAS, J.P, dissents in a separate opinion.

OPINION OF THE COURT

ACOSTA, J.

This case requires us to examine the "reasonable accommodation" provisions of the New York State and City Human Rights Laws (HRLs) in the context of a CPLR 3211 motion. We begin with the recognition of the New York City Council's mandate that courts should be sensitive to the distinctive language, purposes and liberal construction analysis required by the City HRL under Williams v New York City Hous. Auth. (...

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