Ehrlich v. Kantor

Full title: ANN EHRLICH, Appellant, v. HOWARD L. KANTOR et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 13, 1995

213 A.D.2d 447 (N.Y. App. Div. 1995)

624 N.Y.S.2d 888

Opinion

March 13, 1995

Appeal from the Supreme Court, Nassau County (McCarty, J.).

Ordered that the order is affirmed, with costs.

Since the plaintiff elected to file a complaint with the New York State Division of Human Rights, she is barred from commencing an action in State court based on the same alleged discriminatory practices (see, Executive Law § 297; Marine Midland Bank v. New York State Div. of Human Rights, 75 N.Y.2d 240; Emil v. Dewey, 49 N.Y.2d 968; Matter of James v. Coughlin, 124 A.D.2d 728). Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ., concur.