Chaplin v. Consolidated Edison Co. Of New York

537 F.Supp. 1224 (S.D.N.Y. 1982)

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Nature of the Case

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Facts

Chaplin (P) and the Epilepsy Foundation sued Consolidated Edison (D) for discrimination against epileptics. D moved to dismiss the action on grounds that the sections of the Rehabilitation Act of 1973 that P sued under did not provide a private cause of action. That motion was denied. In August 1981, D sent a settlement proposal. P replied that there were a series of objections to the proposed settlement. In reply, D’s attorney wrote a letter on September 16, 1981, that stated D was still willing to finalize the agreement as it presently stands and that any further negotiation was an impossibility and if the present agreement was not satisfactory in its present form, then I must withdraw all offers of settlement. P’s attorney wrote back that based on his previous communications with his clients, he believed he could convince them to accept the terms, but that was not the case as they presented objections, which have substantial merit. The Second Circuit announced its decision in Davis holding that Section 503 did not create a private cause of action. On September 30^th, P’s attorney wrote D’s counsel that Ps had a change of heart and decided to accept the offer. P then moved to enjoin D to execute the agreement contending that the letter of September 16^th constituted an offer, which was accepted by the September 30th letter, and thus the court should grant specific performance. D contends that P’s September 17^th letter was a rejection of D’s offer. P contends that that letter was not a rejection but only a statement that no agreement had been reached.