In an action alleging that defendant hospital failed to provide interpreting services to a patient and his wife (both deaf), so that their two children (of normal hearing) had to act as interpreters for their parents, summary judgment for defendant is vacated where: 1) plaintiffs raised a genuine issue of material fact as to whether the hospital acted with deliberate indifference; 2) the children had associational standing under the Rehabilitation Act; and 3) the children's claims under the New York City Human Rights Law were required to be remanded for reconsideration in light of New York City's Local Civil Rights Restoration Act of 2005.
Argued: March 19, 2009
Decided: October 6, 2009
Opinion as to Parts I, III and IV by Judge Jacobs
Opinion as to Part II by Judge Wesley
Dissent as to Part II by Judge Jacobs
Alan J. Rich, Brooklyn, NY