Opinion
2001-05169
Argued March 26, 2002.
April 29, 2002.
In an action to recover damages for discriminatory discharge from employment pursuant to, among other provisions, Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), dated March 9, 2001, which granted the defendant's motion for summary judgment dismissing the complaint.
Kaiser Saurborn Mair, P.C., New York, N.Y. (Daniel J. Kaiser of counsel), for appellant.
DiJoseph Portegello, P.C., New York, N.Y. (Arnold E. DiJoseph III of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the defendant's wife could not be counted as a person in his employ for the purposes of bringing him within the definition of an "employer" under Executive Law § 292(5) or Administrative Code of City of New York § 8-102(5) (see DeStefano v. Kopelman, 265 A.D.2d 446; Germakian v. Kenny Intl. Corp., 151 A.D.2d 342; State Div. of Human Rights v. GTE Corp., 109 A.D.2d 1082). Accordingly, the motion for summary judgment dismissing the complaint was properly granted.
RITTER, J.P., FEUERSTEIN, LUCIANO and ADAMS, JJ., concur.