Goldberg v. Westchester-Ellenville Hospital, Inc., No. 1:2015cv00003 - Document 91 (N.D.N.Y 2017)

Court Description: DECISION AND ORDER denying Pltf's 44 and 61 Motions in Limine; denying Deft's 54 Motion in Limine; denying as moot Deft's 63 Motion in Limine. Trial is scheduled for 1/16/18 in Utica, New York. Signed by Judge David N. Hurd on 12/21/17. (sfp, )

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Goldberg v. Westchester-Ellenville Hospital, Inc. Doc. 91 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ELINOR GOLDBERG, Plaintiff, -v- 1:15-CV-3 WESTCHESTER-ELLENVILLE HOSPITAL, INC. doing business as Ellenville Regional Hospital, Defendant. -------------------------------APPEARANCES: OF COUNSEL: EISENBERG & BAUM LLP Attorneys for Plaintiff 24 Union Square East, 4th Floor New York, NY 10003 ANDREW ROZYNSKI, ESQ. LEAH WIEDERHORN, ESQ. LITCHFIELD CAVO LLP Attorneys for Defendant 420 Lexington Avenue Suite 2104 New York, NY 10170 KRUPA A. SHAH, ESQ. EDWARD FOGARTY, JR., ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Elinor Goldberg brought suit against defendant Westchester-Ellenville Hospital, Inc. doing business as Ellenville Regional Hospital. In her three count amended complaint, plaintiff alleges defendant discriminated against her on the basis of her disability, in violation of: (1) Title III of the Americans with Disabilities Act; (2) Section 504 of the Dockets.Justia.com Rehabilitation Act; and (3) the New York State Human Rights Law. Both parties have now moved in limine to preclude the use of certain evidence in the upcoming trial in this matter. Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on December 21, 2017, in Utica, New York, it is hereby ORDERED that 1. Plaintiff's motion in limine to preclude evidence of her prior lawsuits and testimony by Nicole Knapp (ECF No. 44) is DENIED; 2. Plaintiff's motion in limine to preclude testimony relating to defendant's corporate representative (ECF No. 61) is DENIED; 3. Defendant's motion in limine to preclude testimony by plaintiff's expert (ECF No. 54) is DENIED; 4. Defendant's motion in limine to preclude evidence of plaintiff's lost wages and medical treatment or records (ECF No. 63) is DENIED as moot; and 5. Trial is scheduled for January 16, 2018, in Utica, New York. IT IS SO ORDERED. Dated: December 21, 2017 Utica, New York. -2-

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