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NEFERTARI WHITNEY, plf-ap, v. THE BRONX-LEBANON HOSPITAL CENTER def-res

4081. NEFERTARI WHITNEY, plf-ap, v. THE BRONX-LEBANON HOSPITAL CENTER def-res — Karpf, Karpf & Cerutti, P.C., Astoria (Adam C. Lease of counsel), for ap — Garfunkel Wild, P.C., Great Neck (Michael J. Keane, Jr. of counsel), for res — Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered on or about December 7, 2016, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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4081. NEFERTARI WHITNEY, plf-ap, v. THE BRONX-LEBANON HOSPITAL CENTER def-res — Karpf, Karpf & Cerutti, P.C., Astoria (Adam C. Lease of counsel), for ap — Garfunkel Wild, P.C., Great Neck (Michael J. Keane, Jr. of counsel), for res — Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered on or about December 7, 2016, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff failed to make a prima facie showing of discrimination because she failed to plead facts demonstrating that she had any “disability” within the meaning of the New York State Human Rights Law or the New York City Human Rights Law (Matter of McEniry v. Landi, 84 NY2d 554, 558 [1994]; Pimentel v. Citibank, N.A., 29 AD3d 141, 145 [1st Dept 2006], lv denied 7 NY3d 707 [2006]; see Executive Law §§292[21][a]; 296[1][a]; Administrative Code of City of NY §§8-102[16]; 8—107[1][a]). Plaintiff relies solely on a nurse’s note that states that plaintiff suffers from unspecified “chronic medical conditions,” and that her inability to sleep during the day was making those conditions worse. The nurse’s unsworn, conclusory allegations do not suffice to defeat defendants’ motion for summary judgment (Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]).

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