Legal Opinion
Greater Buffalo Chapter, American Red Cross v. State Division of Human Rights
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1986No. Appeal No. 1; Appeal No. 2PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Callahan, J. P.
At issue here is whether the Red Cross, as a Federal instrumentality, is exempt from compliance with the substantive provisions of the New York State Human Rights Law (Executive Law, art 15, § 290 et seq.). The parties agree that there is no case, statute or regulation, either State or Federal, which specifically addresses this issue.
The question presents a constitutional issue which involves the supremacy clause of the United States Constitution (US Const, art VI, cl [2]).* The Red Cross contends that the supremacy clause prohibits the State of New York…
2Cases cited8 opinions
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Ray v. Atlantic Richfield Co.Supreme Court of the United States · 1978
- New York Gaslight Club, Inc. v. CareySupreme Court of the United States · 1980
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3Cited by3 opinions
- Moodie v. Federal Reserve Bank of New YorkDistrict Court, S.D. New York · 1993
- James v. Federal Reserve Bank of New YorkDistrict Court, E.D. New York · 2007
- People v. DoeNew York Supreme Court · 1996