Legal Opinion
Kamate v. MJ Cahn Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2017No. 3142PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered May 9, 2016, which, to the extent appealed from, denied defendants’ CPLR 3211 (a) (2) and (7) motion to dismiss the claims under the New York City Human Rights Law, unanimously affirmed, without costs.
Supreme Court correctly rejected defendants’ argument that plaintiff elected her remedy by filing a complaint with the New York Division of Human Rights (DHR) before she commenced this action (see Executive Law § 297 [9]), since, notwithstanding that she sought dismissal of the DHR complaint only after commencing this action, DHR…
2Cases cited4 opinions
- Eastman Chemical Products, Inc. v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1990
- Acosta v. Loews Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Kordich v. PovillAppellate Division of the Supreme Court of the State of New York · 1998
- Mitsubishi Bank, Ltd. v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by1 opinion
- MJ Cahn Co. v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2017