Hyperlawhypertext legal database Pappas v. New York State Division of Human Rights 37 N.Y.2d 844

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Pappas v. New York State Division of Human Rights

37 N.Y.2d 844 Court N.Y. Decision date 1975-10-17 English

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William Pappas et al., Respondents, v New York State Division of Human Rights et al., Appellants.
Submitted September 12, 1975;
decided October 17, 1975
p. 845
Henry Spitz and Howard Hertzberg for appellants.
Carl A. Binder for respondents.

Memorandum. The order of the Appellate Division should be reversed on the dissenting memorandum of Messrs. Justices James D. Hopkins and J. Irwin Shapiro at the Appellate Division, both as to the determination of discrimination and as to the award of damages. Since this court is without authority to fix the award of damages, at least in the status of this appeal, the case should be remitted to the Appellate Division with directions to send the matter back to the State

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Division of Human Rights to redetermine the amount of damages to be awarded complainant, subject, of course, to further appellate review.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed, without costs, and matter remitted to Appellate Division, Secoml Department, for further proceedings in accordance with the memorandum herein.