Johnson v. Lord & Taylor

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered July 27, 2004, which, to the extent appealed, denied defendant-appellant Lord & Taylor’s motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint.

The complaint alleged discriminatory denial of use of a public accommodation based upon Executive Law § 296 (2) (a). Allegedly, as plaintiff, an African-American woman, exited Lord & Taylor’s Fifth Avenue store, a security sensor sounded, and…