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Goldberg v. Westchester-Ellenville Hospital, Inc., 1:15-CV-3. (2017)

Court: District Court, N.D. New York Number: infdco20171222h27 Visitors: 1
Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: DECISION and ORDER DAVID N. HURD , District Judge . 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 Rehabilitation Act; and (3) the New York State Human Rights Law. Both parties hav
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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 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.

Source:  Leagle

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