New York State Division of Human Rights v. Jenkins

*898Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered May 4, 2004. The order, insofar as appealed from, granted defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: We agree with plaintiff that Supreme Court erred in granting defendants’ motion for summary judgment dismissing the complaint inasmuch as there is a material issue of fact whether…