Jones v Saint Joseph's Coll.

Jones v Saint Joseph's Coll. 2007 NY Slip Op 10470 [46 AD3d 467] December 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Millicent Jones, Appellant,
v
Saint Joseph's College et al., Respondents.

—[*1] Nathaniel B. Smith, New York, for appellant.

Seyfarth Shaw, LLP, New York City (James R. Cho of counsel), for respondents.

Order, Supreme Court, New York County (Rosalyn Richter, J.), entered September 26, 2006, which, in an action for employment discrimination due to a disability, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, the sole, full-time corporate recruiter for defendant college, was terminated after injuries she sustained in a car accident rendered her unable to make recruiting trips to Staten Island. Dismissal of the complaint, which alleges violations of the New York State Human Rights Law (see Executive Law § 292 [21]; § 296 [1] [a]), and the New York City Human Rights Law (see Administrative Code of City of NY § 8-107 [1] [a]), was appropriate where the record evidence established that recruiting trips to Staten Island were an essential function of plaintiff's position (see Simeone v County of Suffolk, 36 AD3d 890 [2007]; Pimentel v Citibank, N.A., 29 AD3d 141 [2006], lv denied 7 NY3d 707 [2006]), and plaintiff's proposed accommodation of assigning Staten Island recruiting trips to other employees was unreasonable (see Pembroke v New York State Off. of Ct. Admin., 306 AD2d 185 [2003]).

We have considered plaintiff's remaining contentions, including that defendants' motivation for terminating her employment was based on animus, and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Buckley, Sweeny and McGuire, JJ.