U.S. District Judge Analisa Torres of the Southern District of New York issued a summary judgment order Wednesday in favor of federal prosecutors and a former patient of a Manhattan plastic surgeon, finding the refusal to perform surgeries on HIV-positive patients was a violation of the U.S. Americans with Disabilities Act and the New York City Human Rights Law.

Dr. Emmanuel Asare, formerly of co-defendant Advanced Cosmetic Surgery of New York, was scheduled to perform gynecomastia surgery on plaintiff Mark Milano in July 2014. Asare asked about Milano’s HIV status, which Milano confirmed was positive. Asare declined to perform the surgery, telling Milano he was not a suitable candidate. According to court records, Asare made similar decisions not to operate based on HIV status in the case of at least two other anonymous patients.

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