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Kueh v. New York and Presbyterian Hospital

No Evidence of Discriminatory Intent But Failure to Accommodate Is Alleged

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OPINION & ORDER Before me is a motion filed by Defendant New York and Presbyterian Hospital (“NYP” or “Defendant”) to dismiss the complaint filed by Plaintiff Edward Kueh (“Kueh” or “Plaintiff”). Because Plaintiff fails to allege any direct or indirect evidence of discriminatory intent, and an independent cause of action does not exist under the New York City Human Rights Law for failure to engage in an interactive process, Defendant’s motion to dismiss the first and fourth causes of action is GRANTED. Because Plaintiff plausibly alleges Defendant’s failure to accommodate, Defendant’s motion to dismiss the second and third causes of action is DENIED. I. Factual Background & Procedural History1 Kueh worked for NYP in various capacities since about 1990, when he was initially hired as a Pharmacy Intern. (Doc. 1 (“Complaint” or “Compl.”)

13-14.) From March 2008 to November 31, 2021, Kueh held the role of Pharmacy Purchasing Manager at NYP, with responsibility for ordering drugs requested by the pharmacies for the hospital campuses affiliated with NYP. (Id.

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