Legal Opinion

MATTER OF NAT'L BASKETBALL ASS'N v. New York State Div. of Human Rights

New York Court of Appeals

Decided June 10, 1986PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs. We agree with the Appellate Division that under the circumstances of this case complainant did not establish prima facie "that he was physically fit to fully perform as a professional basketball referee”. Although a doctor’s report which does not give the basis of his opinion is admissible (CPLR 4515) and such a report in affirmation form (CPLR 2106) may constitute substantial evidence even though the doctor is not called by complainant…

2Cases cited2 opinions

  1. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  2. Eagle v. PatersonNew York Court of Appeals · 1982

3Cited by6 opinions

  1. Gray v. AdduciNew York Court of Appeals · 1988
  2. Matter of Haug v. State Univ. of N.Y. at PotsdamNew York Court of Appeals · 2018
  3. Grafe v. Iona CollegeAppellate Division of the Supreme Court of the State of New York · 2001
  4. Cefalo v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 1991
  5. Chawla v. Cravath, Swaine & MooreAppellate Division of the Supreme Court of the State of New York · 1997

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