Westlaw at 2003 W.L. 224 55481 (2d Cir., October 29, 2003) and also at 78 Fed. Appx. 787.
Mr. Napoli suffered a severe heart attack and could no longer work in his former high stress position in the financial industry in Manhattan. Despite the evidence of his delicate heart condition, a federal judge dismissed his case, applying ERISA. Upon appeal by Quadrino Schwartz, on behalf of Mr. Napoli, the federal appeal’s panel in the Second Circuit agreed with Quadrino Schwartz that the dismissal of the case was improper. The panel reversed the judge’s decision, reinstated the entire case, and sent it back to the district court for further proceedings.
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