Goldberg v. Westchester-Ellenville Hospital, Inc.

Filing 91

DECISION AND ORDER denying Pltf's 44 and 61 Motions in Limine; denying Deft's 54 Motion in Limine; denying as moot Deft's 63 Motion in Limine. Trial is scheduled for 1/16/18 in Utica, New York. Signed by Judge David N. Hurd on 12/21/17. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ELINOR GOLDBERG,
Plaintiff,
-v-

1:15-CV-3

WESTCHESTER-ELLENVILLE HOSPITAL,
INC. doing business as Ellenville Regional
Hospital,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

EISENBERG & BAUM LLP
Attorneys for Plaintiff
24 Union Square East, 4th Floor
New York, NY 10003

ANDREW ROZYNSKI, ESQ.
LEAH WIEDERHORN, ESQ.

LITCHFIELD CAVO LLP
Attorneys for Defendant
420 Lexington Avenue
Suite 2104
New York, NY 10170

KRUPA A. SHAH, ESQ.
EDWARD FOGARTY, JR., ESQ.

DAVID N. HURD
United States District Judge
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.

Dated: December 21, 2017
Utica, New York.

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