Loeffler v. Staten Island Univ. Hosp., No. 07-1404 - U.S. Second Circuit
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Loeffler v. Staten Island Univ. Hosp., No. 07-1404

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.

Read Loeffler v. Staten Island Univ. Hosp., No. 07-1404

Appellate Information

Argued: March 19, 2009

Decided: October 6, 2009

Judges

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

Counsel

For Appellants:

Alan J. Rich, Brooklyn, NY

For Appellee:

Roy W. Breitenbach, Garfunkel, Wild & Travis, P.C., Great Neck, NY