*1 Plaintiff appeals from the order of the Supreme Court, New York County (David B. Cohen, J.), entered on or about July 8, 2016, which granted defendant’s motion for summary judgment dismissing the complaint.*2
Plaintiff alleges that defendant terminated her employment because of her disability in violation of the New York City Human Rights Law (NYCHRL) (Administrative Code of the City of New York §8-107[1][a]). Supreme Court granted defendant’s motion for summary judgment dismissing the complaint, finding that there was no evidentiary route that could allow a jury to find that discrimination played a role in plaintiff’s termination. However, giving plaintiff the benefit of all favorable inferences which may reasonably be drawn, we conclude that she proffered sufficient evidence to raise a triable issue of fact as to whether the reason put forth by defendant for terminating her employment was merely pretextual and that the grant of summary judgment in defendant’s favor was not warranted.In 2005, plaintiff began working with defendant’s predecessor as a marketing supervisor and was later promoted to marketing manager. In 2009, she was diagnosed with a brain tumor, underwent surgery and returned to work four months later, ahead of the six month to one year’s convalescence recommended by her treating physician.In June 2011, plaintiff experienced a relapse and recurrence of cerebral tumors, which caused her to suffer migraine headaches and vertigo. On June 6, 2011, she informed defendant that she would be out sick due to this condition. On June 20, 2011, plaintiff’s family brought plaintiff and her children to their home in Trinidad so that they could assist her and take care of the children until she recovered. That day, plaintiff’s doctor also issued a note stating that she would need additional medical leave until July 10, 2011, which was faxed to defendant on June 28.On July 8, 2011, one of plaintiff’s supervisors contacted defendant’s human resources (H.R.) department about how to carry plaintiff’s time. In response to the supervisor’s email of that date, plaintiff called and informed him that she was recovering in Trinidad, and that she could not return to work by July 10.The supervisor told plaintiff to contact defendant’s H.R. benefits analyst. Plaintiff complied, and the analyst told her that due to the length and nature of her absence, she needed to file a claim for short-term disability leave with defendant’s disability and leave claims administrator, the Hartford, so that it could verify with her doctor the nature of her medical condition, and confirm or deny her disability leave claim.
