March 31, 2014 – Pospis Law, PLLC

March 31, 2014 by mjpospis

Circuit Rejects “Categorical” Determination that Inability to Sit for Prolonged Periods is Not a “Disability” Under the Americans with Disabilities Act

The Second Circuit recently held, in Parada v. Banco Industrial De Venezuela (decided March 25, 2014), that “impairments that limit the ability to sit for long periods of time do not categorically fail to qualify as disabilities under” the Americans with Disabilities Act. Plaintiff worked for the defendant in a “largely sedentary” position. About six…

Repairs to Pothole Over One Year Before Accident Defeats Injury Claim Against City of New York

In Abott v. City of New York, the Appellate Division, First Department affirmed a directed verdict for the defendant City of New York. Plaintiff sued to recover for injuries sustained after stepping into a pothole. This scenario implicates New York City’s “Pothole Law”, codified as New York City Administrative Code § 7-201. Section 7-201(c)(2) of that statute…