Palmer v. City of New York
This text of 215 A.D.2d 336 (Palmer v. City of New York) 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.
Opinion
Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered April 5, 1994, which granted defendants’ motion dismissing the complaint on the ground that plaintiff failed to serve a notice of claim, unanimously reversed, on the law, without costs or disbursements, and the motion denied.
Plaintiff’s complaint, which sets forth Executive Law claims against defendants for alleged unlawful discriminatory practices under the Human Rights Law, should not have been dismissed. The notice of claim requirement (see, General Municipal Law § 50-i) is hot applicable to such claims. (Ibid., Alaimo v New York City Dept, of Sanitation, 203 AD2d 501; Simpson v New York City Tr. Auth., 188 AD2d 522, 523.) The complaint is reinstated. Concur—Sullivan, J. P., Rosenberger, Wallach, Kupferman and Asch, JJ.
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Cite This Page — Counsel Stack
215 A.D.2d 336, 627 N.Y.S.2d 42, 1995 N.Y. App. Div. LEXIS 5787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-city-of-new-york-nyappdiv-1995.