Hyperlawhypertext legal databasebeta American Jewish Congress v. Carter 19 Misc. 2d 205

← Cases

American Jewish Congress v. Carter

19 Misc. 2d 205 Court Supreme Court, Special Term, New York County, Decision date 1959-07-15 English

Delivered by Henry Epstein, J.

Contents

Majority

p. 205
In the Matter of American Jewish Congress, Petitioner, against Elmer A. Carter et al., Constituting the State Commission Against Discrimination et al., Respondents.
Supreme Court, Special Term, New York County,
July 15, 1959.
p. 206
T. Darrington Semple, Jr., and White & Case (Chester Bordean of counsel), for Arabian American Oil Company, respondent.
Henry Spitz for Commission Against Discrimination, respondent.
Shad Polier, Will Maslow, Leo Pfeffer (Philip Baum of counsel), for petitioner.

This motion to dismiss the instant proceeding on the grounds that petitioner lacks status under the Executive Law (art. 15, § 296, subd. 1, pars, [a], [c]) and that this court is without jurisdiction, is denied. Respondent commission accepted jurisdiction under sections 297 and 298 of the said law. Petitioner was held to be a “ person aggrieved ” and a reasonably liberal application of such language has been sustained in other courts as well as in this State (American Jewish Congress v. American Lumbermen’s Cas. Co. of Ill., No. 1189-45, Record, p. 6, item 46; National Assn, for Advancement of Colored People v. Alabama, 357 IT. S. 449; Pierce v. Society of Sisters, 268 U. S. 510 ; Uphaus v. Wyman, 360 U. S. 72 ). Petitioner here has a vital interest, shared with the People of the United States. It is to protect citizens of the United States and particularly of the State of New York, from the destruction of their basic rights at the instance of a foreign government, seeking to obscure our statutory and constitutional provisions with a perceptible film of oil.

Cases cited