Summary
In Gondola, the court held that Executive Law Section § 297[9] only prohibits an aggrieved individual from pursuing the same relief on a single discriminatory grievance alleging the same wrongs in two separate forums (Gondola, 80 AD2d at 601).
Summary of this case from Franklin-Hood v. 80TH St., LLCOpinion
February 17, 1981
In an action to recover damages for "compensation and benefit increments", plaintiff appeals from an order of the Supreme Court, Suffolk County, dated March 21, 1980, which granted defendant's motion to dismiss the complaint. Order reversed, on the law, with $50 costs and disbursements, motion denied, and complaint reinstated. Defendant's time to answer is extended until 20 days after service upon it of a copy of the order to be made hereon, with notice of entry thereof. Subdivision 9 of section 297 Exec. of the Executive Law prohibits an aggrieved person from pursuing relief on a single discriminatory grievance in two different forums (Emil v. Dewey, 49 N.Y.2d 968; State Off. of Drug Abuse Servs. v State Human Rights Appeal Bd., 48 N.Y.2d 276; Consolidated Edison Co. of N.Y. v. State Human Rights Appeal Bd., 65 A.D.2d 546). This statute cannot be employed to bar an aggrieved person from maintaining a proceeding before the State Division of Human Rights based upon a discrimination complaint, while contemporaneously maintaining an action in the courts based on the alleged breach of an employment contract (see Matter of Richardson Employment Agency v. New York State Div. of Human Rights, 40 A.D.2d 585). Therefore, we reverse. Mangano, J.P., Gibbons, Gulotta and O'Connor, JJ., concur.