State Commission for Human Rights v. Speer

Appellate Division of the Supreme Court of New York

State Commission for Human Rights v. Speer

37 A.D.2d 844, 327 N.Y.S.2d 562, 1971 N.Y. App. Div. LEXIS 3384

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

DecidedOctober 4, 1971

StatusPublished

This text of 37 A.D.2d 844 (State Commission for Human Rights v. Speer) 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

State Commission for Human Rights v. Speer, 37 A.D.2d 844, 327 N.Y.S.2d 562, 1971 N.Y. App. Div. LEXIS 3384 (N.Y. Ct. App. 1971).

Pincite

Opinion

In this proceeding to review certain portions of an order of the State Human Rights Appeal Board dated September 16, 1969, the Court of Appeals has reversed this court’s affirmance of said order and has remitted the proceeding to this court, with direction to remand the matter to the Human Rights Appeal Board to determine whether the award for damages for mental anguish and pain and suffering was justified by the evidence (State Comm. for Human Rights v. Speer, 29 N Y 2d 555, revg. 35 A D 2d 107). Accordingly, the matter is remanded to the Human Rights Appeal Board for such determination. The reversal, which was on the dissenting opinion in this court, indicates that the Court of Appeals has taken the view that the Commissioner of Human Rights is authorized to award damages for mental anguish, pain and suffering if such an award is justified by the evidence. Hopkins, Acting P J., Munder, Martuseello, Latham and Brennan, JJ., concur.

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In this proceeding to review certain portions of an order of the State Human Rights Appeal Board dated September 16, 1969, the Court of Appeals has reversed this court’s affirmance of said order and has remitted the proceeding to this court, with direction to remand the matter to the Human Rights Appeal Board to determine whether the award for damages for mental anguish and pain and suffering was justified by the evidence (State Comm. for Human Rights v. Speer, 29 N Y 2d 555, revg. 35 A D 2d 107). Accordingly, the matter is remanded to the Human Rights Appeal Board for such determination. The reversal, which was on the dissenting opinion in this court, indicates that the Court of Appeals has taken the view that the Commissioner of Human Rights is authorized to award damages for mental anguish, pain and suffering if such an award is justified by the evidence. Hopkins, Acting P J., Munder, Martuseello, Latham and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 844, 327 N.Y.S.2d 562, 1971 N.Y. App. Div. LEXIS 3384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-commission-for-human-rights-v-speer-nyappdiv-1971.