Legal Opinion

Emil v. Dewey

New York Court of Appeals

Decided April 24, 1980PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The complaint should be dismissed pursuant to subdivision 9 of section 297 of the Executive Law. The record indicates, and it is conceded, that prior to commencing this action the plaintiff had filed a complaint with the State Division of Human Rights. Although the plaintiff withdrew that complaint prior to any determination by the division, there is no showing this was done for administrative convenience. Under these circumstances the statute (Executive Law, § 297, subd 9) precludes the…

2Cited by55 opinions

  1. Anthony J. Decintio v. Westchester County Medical Center County of Westchester, DefendantsCourt of Appeals for the Second Circuit · 1987
  2. Vincent MOODIE, Plaintiff-Appellant, v. FEDERAL RESERVE BANK OF NEW YORK, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1995
  3. Pan American World Airways, Inc. v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1984
  4. Higgins v. NYP Holdings, Inc.District Court, S.D. New York · 2011
  5. Koster v. Chase Manhattan Bank, N.A.District Court, S.D. New York · 1985

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