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Alverson v. State Division of Human Rights

181 A.D.2d 1019, 581 N.Y.S.2d 953, 1992 N.Y. App. Div. LEXIS 4619
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 13, 1992
StatusPublished
Cited by10 cases

This text of 181 A.D.2d 1019 (Alverson v. State Division of Human Rights) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alverson v. State Division of Human Rights, 181 A.D.2d 1019, 581 N.Y.S.2d 953, 1992 N.Y. App. Div. LEXIS 4619 (N.Y. Ct. App. 1992).

Opinions

— Determination confirmed without costs and petition dismissed. Memorandum: The Commissioner determined that petitioner, a licensed real estate broker, discriminated against complainants on account of their race and color by refusing to show them a house that had been listed for rent. The Commissioner awarded each complainant $7,500 in compensatory damages for mental anguish and humiliation. The determination is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443). The award is not excessive (see, Szpilzinger v New York State Div. of Human Rights, 160 AD2d 196, lv denied 76 NY2d 707) and is supported by the complainants’ testimony (Cullen v Nassau County Civ. Serv. Commn., 53 NY2d 492, 497). The delay between the filing of the charges and the Division’s order resolving them is not prejudicial as a matter of law (see, Matter of State Div. of Human Rights v St. Elizabeth’s Hosp., 66 NY2d 684, 687; State Div. of Human Rights v Chicago Pneumatic Tool Co., 110 AD2d 1080) and petitioner has failed to establish any actual injury (see, Matter of Sarkisian Bros. v State Div. of Human Rights, 48 NY2d 816, 818).

All concur except Balio, J., who concurs in the following Memorandum.

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Bluebook (online)
181 A.D.2d 1019, 581 N.Y.S.2d 953, 1992 N.Y. App. Div. LEXIS 4619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alverson-v-state-division-of-human-rights-nyappdiv-1992.