Liberty Mutual Insurance v. City of New York Commission on Human Rights

New York Court of Appeals

Liberty Mutual Insurance v. City of New York Commission on Human Rights

294 N.E.2d 855, 31 N.Y.2d 1044, 342 N.Y.S.2d 70, 1973 N.Y. LEXIS 1473, 5 Fair Empl. Prac. Cas. (BNA) 1376

CourtNew York Court of Appeals

DecidedFebruary 15, 1973

StatusPublished

Cited by6 cases

This text of 294 N.E.2d 855 (Liberty Mutual Insurance v. City of New York Commission on Human Rights) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Liberty Mutual Insurance v. City of New York Commission on Human Rights, 294 N.E.2d 855, 31 N.Y.2d 1044, 342 N.Y.S.2d 70, 1973 N.Y. LEXIS 1473, 5 Fair Empl. Prac. Cas. (BNA) 1376 (N.Y. 1973).

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Opinion

Order affirmed, without costs, in the following memorandum: The complaint here involved is loosely drawn, but we agree with [1046]*1046the Appellate Division that it was sufficient, although minimally so, to set the commission’s investigatory machinery in motion and, by that token, sufficient to support the investigative subpoenas which were issued. In filing such a complaint, however, not only should the commission be reasonably satisfied that there ' is basis for the charge asserted, but it must make certain that, in compliance with New York City’s Administrative Code (§ Bl-8.0, subd. 1), the complaint sets forth particulars sufficient to furnish the employer with adequate notice of the alleged discriminatory practices and affords him adequate opportunity to prepare a defense. Due process demands no less.

Concur: Chief Judge Fuld and Judges Burke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.

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Order affirmed, without costs, in the following memorandum: The complaint here involved is loosely drawn, but we agree with [1046]*1046the Appellate Division that it was sufficient, although minimally so, to set the commission’s investigatory machinery in motion and, by that token, sufficient to support the investigative subpoenas which were issued. In filing such a complaint, however, not only should the commission be reasonably satisfied that there ' is basis for the charge asserted, but it must make certain that, in compliance with New York City’s Administrative Code (§ Bl-8.0, subd. 1), the complaint sets forth particulars sufficient to furnish the employer with adequate notice of the alleged discriminatory practices and affords him adequate opportunity to prepare a defense. Due process demands no less.

Concur: Chief Judge Fuld and Judges Burke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.

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294 N.E.2d 855, 31 N.Y.2d 1044, 342 N.Y.S.2d 70, 1973 N.Y. LEXIS 1473, 5 Fair Empl. Prac. Cas. (BNA) 1376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-mutual-insurance-v-city-of-new-york-commission-on-human-rights-ny-1973.

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