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Voltaire v. N.Y.C. Health & Hosps. Corp.

Agreement to Release Claims Over Index Number Extended Release to Retaliatory Suspension

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MEMORANDUM AND ORDER Plaintiff Marie Voltaire, a nurse employed by defendant New York City Health and Hospitals Corporation (HHC), brings this action against HHC for discrimination and retaliation in violation of the Americans with Disabilities Act and New York state law. Because the parties dispute whether a 2018 settlement-and-release agreement that Plaintiff executed in favor of Defendant precludes the claims at issue here, the Court converted Defendant’s motion to dismiss into a motion for summary judgment, in order to allow for the consideration of the release and other relevant materials. I now conclude that the release does cover the Plaintiff’s claims and therefore grant Defendant’s motion for summary judgment. I. Background The following facts, set forth in the parties’ submissions, are undisputed unless otherwise specified. Plaintiff was employed by HHC as a Staff Nurse at Coney Island Hospital during the period at issue in this case. See Amended Complaint 3, ECF No. 14 (Compl.). On January 18, 2013, Plaintiff was injured when she slipped and fell at work. Id. 9. The Amended Complaint (“Complaint”) reports that she “sustained serious and permanent injuries to her neck, back, left shoulder and left leg”; that she underwent surgery because of these injuries; and that she has been in pain ever since. Id.

9, 12. Eight months after the accident, Plaintiff returned to work but sought what she terms a “reasonable accommodation” under the circumstances — namely, permission to stay home from work when her pain required it. Id.

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