Opinion · New York Court of Appeals

Emil v. Dewey

Emil v. Dewey, 49 N.Y.2d 968 (New York Court of Appeals 1980)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1980-04-24
Topic
employee-benefits-and-executive-compensation

How later courts describe this case

  • “[Pjrior to commencing this action the plaintiff had filed a complaint with the State Division of Human Rights.... Under these circumstances the statute precludes the plaintiff from commencing an action in court based on the same incident.”

Citator

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Cited by
58 opinions

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 plaintiff from commencing an action in court based on the same incident.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.