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Vangas v. Montefiore Med. Ctr.

United States District Court for the Southern District of New York

March 20, 2014, Decided; March 20, 2014, Filed

11-CV-6722 (ER)

Opinion

 [*403]  OPINION AND ORDER

Ramos, D.J.:

Plaintiffs Mirelle Vangas ("Plaintiff" or "Mrs. Vangas") and Alfredo Vangas, Jr. ("Mr. Vangas") (collectively, "Plaintiffs") bring this action against Defendants Montefiore Medical Center ("MMC"), Elizabeth Burns ("Ms. Burns") and Patricia Quinn ("Ms. Quinn") (collectively, "Defendants").1 Plaintiffs allege that Defendant MMC violated the Consolidated Omnibus Budget Reconciliation Act ("COBRA") by failing to send the required COBRA notification to Plaintiffs' correct address. Additionally, Mrs. Vangas alleges that Defendants  [*404]  failed to accommodate her disability in violation of the New York State Human Rights Law ("NYSHRL") and the New York City Human Rights Law  [**2] ("NYCHRL"), as well as failed to notify her of the cancellation of her employee benefits within five days of her termination from MMC in violation of the New York Labor Law ("NYLL").2 Pending before the Court is Defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Doc. 54. For the reasons set forth below, Defendants' motion for summary judgment is GRANTED in part and DENIED in part.

I. Statement of Facts

The following facts are undisputed except where otherwise noted.

MMC is a large, multi-campus health care provider. Defs.' 56.1 Stmt. ¶ 1.3 Mrs. Vangas became an employee of MMC after her graduation from high school in 1989. Id. ¶ 2. She worked in a number of receptionist positions until she joined MMC's Care Management Organization ("CMO") as a Utilization  [**3] Management Analyst ("Analyst"). Declaration of Mirelle Vangas ("Vangas Decl.") (Doc. 64) ¶ 3. The CMO is a division of MMC that, among other things, provides patients with post-discharge care. Defs.' 56.1 Stmt. ¶ 4. Mrs. Vangas' initial job within the CMO was to review and authorize or deny requests for treatment. Id. ¶ 6. Thereafter, she was assigned to the "outbound team," in which capacity she made phone calls to patients who had visited the MMC emergency room or who had been discharged from a hospital to monitor and assist in their post-discharge care. Id.

Defendant Quinn became Mrs. Vangas' direct supervisor at the CMO in 2008. Id. ¶ 7. Ms. Quinn reported directly to Kathleen Byrne ("Ms. Byrne"), who was employed by MMC as the Director of Medical Management. Declaration of Richard M. Reice ("Reice Decl.") (Doc. 58), Ex. D (Byrne Dep. Tr.) at 7:21-9:23.

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6 F. Supp. 3d 400 *; 2014 U.S. Dist. LEXIS 37864 **; 29 Am. Disabilities Cas. (BNA) 1873

MIRELLE VANGAS and ALFREDO VANGAS, JR., Plaintiffs, -against- MONTEFIORE MEDICAL CENTER, ELIZABETH, BURNS, PATRICIA QUINN, and WAGEWORKS, INC., Defendants.

Prior History: Vangas v. Montefiore Med. Ctr., 925 F. Supp. 2d 574, 2013 U.S. Dist. LEXIS 34304 (S.D.N.Y., 2013)

CORE TERMS

accommodation, termination, indefinite, disability, notice, interactive, message, hardship, filled, abbreviation, notification, temporary, conversation, notify, cancellation, phone, feasibility, undisputed, symptoms, non-moving, paperwork, patients, mail, newly-developed, appointment, oncologist, coverage, genuine, Reply

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Judgments, Evidentiary Considerations, Evidentiary Considerations, Scintilla Rule, Business & Corporate Compliance, Pensions & Benefits Law, Consolidated Omnibus Budget Reconciliation Act, Continuation Coverage, Notice Requirements, Disability Discrimination, Reasonable Accommodations, Undue Hardship, Labor & Employment Law, Appropriateness, Interactive Process, Employment Relationships