Summary
holding that when a party files a complaint with the NYSDHR regarding alleged discrimination, that party is barred from commencing an action in court regarding that discrimination
Summary of this case from White v. Home Depot Inc.Opinion
Argued March 24, 1980
Decided April 24, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
Floyd Abrams and Peter N. Wang for appellant.
Leon Brickman for 79 East 79th Street Corporation, respondent.
Paul B. Marrow for Thomas E. Dewey, Jr., and others, respondents.
Ann Thacher Anderson and Alan J. Saks for State Division of Human Rights, amicus curiae.
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.