Lyman v. The New York and Presbyterian Hospital et al
| Denise M. Lyman |
| The New York and Presbyterian Hospital, Maria Laporta and Waldner's Business Environments, Inc. |
| 1:2011cv03889 |
| June 7, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Richard M. Berman |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| Plaintiff |
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Filing
89
OPINION AND ORDER: re: 73 MOTION for Summary Judgment. filed by The New York and Presbyterian Hospital, Maria Laporta. It bears noting that, though Plaintiff has evaded summary judgment, she has done so by a very narrow margin. Defendants m otion failed only because Plaintiff benefited from the drawing of every conceivable inference in her favor,as is appropriate at the summary judgment stage for the non-moving party. A jury, however, will not be obliged to exercise the same solicitude for her claims. For the reasons set out above, summary judgment is DENIED as to Plaintiffs claims for disability discrimination, retaliation, and aiding and abetting the same against the Hospital and LaPorta, respectively, insofar as those claims ari se from the termination of her employment. Summary judgment is GRANTED as to Plaintiffs claims for retaliation and aiding and abetting retaliation against the Hospital and LaPorta, respectively, insofar as those claims arise from alleged post-termina tion conduct, and as to Plaintiffs tortious interference with business relations claim against LaPorta.The Clerk of Court is directed to terminate the motion pending at docket entry 73. The parties are hereby ORDERED to appear for a pretrial conference on August 12, 2014, at 2:30 p.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. (Signed by Judge Katherine Polk Failla on 7/14/2014) (js)
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Filing
54
REPORT AND RECOMMENDATIONS re: 44 FIRST MOTION to Reopen Case. filed by Denise M. Lyman. For these reasons, I recommend that the plaintiffs motion tore-open the case (Docket no. 44) be granted, and that this case be restored to the Courts active c alendar. Pursuant to 28 U.S.C. § 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from this date to file written objections to this Report and Recommendation. Such objectio ns shall be filed with the Clerk of the Court, with extra copies delivered to the chambers of the Honorable Alison J. Nathan, Room 615, and to the chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. Objections to R&R due by 1/2/2013. (Signed by Magistrate Judge James C. Francis on 12/11/2012) Copies Mailed By Chambers (djc) Modified on 12/11/2012 (djc).
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