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Liberty Mutual Ins. Co. v. City of N.Y. Commission

Court of Appeals of the State of New York
Feb 15, 1973
294 N.E.2d 855 (N.Y. 1973)

Summary

In Liberty Mut. Ins. Co. v City of New York Comm. on Human Rights (31 N.Y.2d 1044), the court indicated that the outer limits had been reached. It sustained a loosely drawn complaint which, however, was based on an objective pattern of discriminatory employment practices shown by statistical evidence.

Summary of this case from Harlem Teams v. Investigation

Opinion

Argued January 12, 1973

Decided February 15, 1973

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.

Kalvin M. Grove, of the Illinois Bar, admitted on motion pro hac vice, and Robert A. Penney for appellant.

Norman Redlich, Corporation Counsel ( Eric J. Byrne, Stanley Buchsbaum, Beverly Gross and Steven J. Sacks of counsel), for respondent.


Order affirmed, without costs, in the following memorandum: The complaint here involved is loosely drawn, but we agree with the Appellate Division that it was sufficient, although minimally so, to set the commission's investigatory machinery in motion and, by that token, sufficient to support the investigative subpoenas which were issued. In filing such a complaint, however, not only should the commission be reasonably satisfied that there is basis for the charge asserted, but it must make certain that, in compliance with New York City's Administrative Code (§ B1-8.0, subd. 1), the complaint sets forth particulars sufficient to furnish the employer with adequate notice of the alleged discriminatory practices and affords him adequate opportunity to prepare a defense. Due process demands no less.

Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER. Taking no part: Judge BREITEL.


Summaries of

Liberty Mutual Ins. Co. v. City of N.Y. Commission

Court of Appeals of the State of New York
Feb 15, 1973
294 N.E.2d 855 (N.Y. 1973)

In Liberty Mut. Ins. Co. v City of New York Comm. on Human Rights (31 N.Y.2d 1044), the court indicated that the outer limits had been reached. It sustained a loosely drawn complaint which, however, was based on an objective pattern of discriminatory employment practices shown by statistical evidence.

Summary of this case from Harlem Teams v. Investigation
Case details for

Liberty Mutual Ins. Co. v. City of N.Y. Commission

Case Details

Full title:LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. CITY OF NEW YORK…

Court:Court of Appeals of the State of New York

Date published: Feb 15, 1973

Citations

294 N.E.2d 855 (N.Y. 1973)
294 N.E.2d 855
342 N.Y.S.2d 70

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