State Division of Human Rights v. Goodwill Industries, Inc.

Appellate Division of the Supreme Court of New York

State Division of Human Rights v. Goodwill Industries, Inc.

129 A.D.2d 995, 514 N.Y.S.2d 299, 1987 N.Y. App. Div. LEXIS 45685

Appellate Division of the Supreme Court of the State of New York·Decided April 3, 1987·Published·Cited by 2 cases

Opinion

Determination unanimously modified on the law and as modified confirmed without costs, in accordance with the following memorandum: While the record supports the determination of the Commissioner of the State Division of Human Rights, it does not support any award for mental anguish. Complainant testified in a conclusory fashion that he "felt discriminated against”, "felt very distressed” and "went through a very emotional period, so did my family.” However, there is no indication of the length of time these consequences were suffered or the frequency thereof and there is insufficient evidence to indicate that any medical attention was required. Accordingly, the award of $10,000 damages for mental anguish is vacated. (Proceeding pursuant to Executive Law § 298 transferred by order of Supreme Court, Erie County, Rath, J.) Present—Callahan, J. P., Doerr, Denman, Pine and Davis, JJ.

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Determination unanimously modified on the law and as modified confirmed without costs, in accordance with the following memorandum: While the record supports the determination of the Commissioner of the State Division of Human Rights, it does not support any award for mental anguish. Complainant testified in a conclusory fashion that he "felt discriminated against”, "felt very distressed” and "went through a very emotional period, so did my family.” However, there is no indication of the length of time these consequences were suffered or the frequency thereof and there is insufficient evidence to indicate that any medical attention was required. Accordingly, the award of $10,000 damages for mental anguish is vacated. (Proceeding pursuant to Executive Law § 298 transferred by order of Supreme Court, Erie County, Rath, J.) Present—Callahan, J. P., Doerr, Denman, Pine and Davis, JJ.

State Division of Human Rights v. Goodwill Industries, Inc., 129 A.D.2d 995, 514 N.Y.S.2d 299, 1987 N.Y. App. Div. LEXIS 45685 (N.Y. Ct. App. 1987).

Pincite

129 A.D.2d 995 (State Division of Human Rights v. Goodwill Industries, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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