TRIAL DOCUMENTS - Defendants' Proposed Verdict Sheet Disability Claims May 09, 2024 (2024)

On January 30, 2020 aMiscellaneouswas filedinvolving a dispute betweenShelly Studer,andDominick Nicotera,Drn Counseling-Consulting Services, Lcsw, Pllc,for Special Proceedings - Other (Civil Rights)in the District Court of Oneida County.

 
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 INDEX NO. EFCA2020-000333NYSCEF DOC. NO. 429 RECEIVED NYSCEF: 05/09/2024 DEFENDANTS’ PROPOSED VERDICT SHEET-DISABILITY CLAIMS STATE OF NEW YORK SUPREME COURT COUNTY OF ONEIDA xX SHELLY STUDER, PLAINTIFF, vs. DRN COUNSELING-CONSULTING INDEX NO: EFCA2020-000333 SERVICES, LCSW, PLLC and DOMINICK NICOTERA, DEFENDANTS. xX SPECIAL VERDICT FORM SHEET FIVE JURORS MUST AGREE ON THE ANSWER TO EACH QUESTION. Answer the following: 1 Has the Plaintiff proved that she had a disability within the statutory definition of a disability under the New York Human Rights Law at the time she voluntarily returned to work on September 2, 2019. Yes. No. AT LEAST FIVE JURORS MUST AGREE ON THE ANSWER TO THIS QUESTION JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer. If the answer is “No”, REPORT TO COURT. If the answer is “Yes”, proceed to Question 2. lof 5INDEX NO. EFCA2020-000333NYSCEF DOC. NO. 429 RECEIVED NYSCEF: 05/09/2024 2. Has the Plaintiff proved that she requested any accommodation after her voluntary return to work on September 2, 2019. Yes. No. AT LEAST FIVE JURORS MUST AGREE ON THE ANSWER TO THIS QUESTION JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer If the answer is “No”, proceed to Question 7. If the answer is “Yes”, proceed to Question 3. 3 Has the Plaintiff proved that she could perform the essential functions of the job if she was granted the requested accommodation to perform those functions. Yes. No. AT LEAST FIVE JURORS MUST AGREE ON THE ANSWER TO THIS QUESTION JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer. If the answer is “No”, proceed to Question 7. If the answer is “Yes”, proceed to Question 4. 2 0f 5INDEX NO. EFCA2020-000333NYSCEF DOC. NO. 429 RECEIVED NYSCEF: 05/09/2024 4 Has the Plaintiff proved that Defendants denied her the requested accommodation? Yes. No. At least five jurors must agree on the answer to this question. JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer If the answer is “No”, proceed to Question 7. If the answer is “Yes”, proceed to Question 5. 5 Have the Defendants proved that the requested accommodation would impose an undue hardship on its practice? Yes. No. AT LEAST FIVE JURORS MUST AGREE ON THE ANSWER TO THIS QUESTION JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer. If the answer is “Yes”, proceed to Question 7. If the answer is “No”, proceed to Question 6. 3 0f 5INDEX NO. EFCA2020-000333NYSCEF DOC. NO. 429 RECEIVED NYSCEF: 05/09/2024 6. Has the Plaintiff proved that she suffered an adverse employment action based upon a disability? Yes. No. AT LEAST FIVE JURORS MUST AGREE ON THE ANSWER TO THIS QUESTION JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer. If the answer is “No”, proceed to Question78. If the answer is “Yes”, proceed to Question 7. 7 Has the Plaintiff proved that Defendants retaliated against her after October 18, 2019, based on a protected activity? Yes. No. AT LEAST FIVE JURORS MUST AGREE ON THE ANSWER TO THIS QUESTION JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer. If the answer is “No”, attach the signature of the foreperson below and REPORT TO THE COURT. If the answer is “Yes”, proceed to Question 8. 40f 5INDEX NO. EFCA2020-000333NYSCEF DOC. NO. 429 RECEIVED NYSCEF: 05/09/2024 8 State the amount of damages, if any, you award to plaintiff. If you decide not to make an award, you will insert the word “none.” Amount $ AT LEAST FIVE JURORS MUST AGREE ON THE DAMAGES JURORS SIGN BELOW (If applicable) The following juror does not concur with the majority’s answer WRITE YOUR VERDICT TO THE COURT Dated: Utica, New York May __, 2024 Signature of Foreperson 5 of 5