Kearns v. New York State Division of Human Rights

Appellate Division of the Supreme Court of New York

Kearns v. New York State Division of Human Rights

208 A.D.2d 927, 618 N.Y.S.2d 580, 1994 N.Y. App. Div. LEXIS 10598

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1994

StatusPublished

Cited by1 cases

This text of 208 A.D.2d 927 (Kearns v. New York 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

Kearns v. New York State Division of Human Rights, 208 A.D.2d 927, 618 N.Y.S.2d 580, 1994 N.Y. App. Div. LEXIS 10598 (N.Y. Ct. App. 1994).

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Opinion

Proceeding pursuant to Executive Law § 296 to review a determination of the Commissioner of the New York State Division of Human Rights, dated October 21, 1988, which found that the petitioner had discriminated against the complainants on the basis of race and directed the petitioner to pay each complainant $5,000 as compensatory damages for mental anguish and humiliation.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The Commissioner’s determination that the complainants were subjected to unlawful discrimination by the petitioner because of their race is supported by substantial evidence (see, Matter of Purdy v Kreisberg, 47 NY2d 354, 358; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). Moreover, the award to each complainant of $5,000 for mental anguish was supported by the record and is in accordance with awards for similar types of discrimination (see, Matter of Courant v Rosa, 195 AD2d 555; Matter of Alverson v State Div. of Human Rights, 181 AD2d 1019; Matter of Cosmos Forms v State Div. of Human Rights, 150 AD2d 442). O’Brien, J. P., Pizzuto, Altman and Hart, JJ., concur.

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Proceeding pursuant to Executive Law § 296 to review a determination of the Commissioner of the New York State Division of Human Rights, dated October 21, 1988, which found that the petitioner had discriminated against the complainants on the basis of race and directed the petitioner to pay each complainant $5,000 as compensatory damages for mental anguish and humiliation.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The Commissioner’s determination that the complainants were subjected to unlawful discrimination by the petitioner because of their race is supported by substantial evidence (see, Matter of Purdy v Kreisberg, 47 NY2d 354, 358; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). Moreover, the award to each complainant of $5,000 for mental anguish was supported by the record and is in accordance with awards for similar types of discrimination (see, Matter of Courant v Rosa, 195 AD2d 555; Matter of Alverson v State Div. of Human Rights, 181 AD2d 1019; Matter of Cosmos Forms v State Div. of Human Rights, 150 AD2d 442). O’Brien, J. P., Pizzuto, Altman and Hart, JJ., concur.

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Bluebook (online)

208 A.D.2d 927, 618 N.Y.S.2d 580, 1994 N.Y. App. Div. LEXIS 10598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kearns-v-new-york-state-division-of-human-rights-nyappdiv-1994.

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