Opinion
June 6, 1989
Appeal from the Supreme Court, New York County (Helen E. Freedman, J.).
Dr. John W. Wolf, D.D.S. (complainant), in April 1986, filed a complaint with the New York City Commission on Human Rights (Commission) in which he alleged, in substance, that Dr. Lawrence A. Barton, D.D.S., had discriminated against him by terminating complainant's sublease, on or about November 23, 1985, since complainant provided dental treatment to persons who were ill with AIDS.
After a hearing, the Commission found that Dr. Barton had discriminated against complainant, and ordered Dr. Barton: (1) to pay complainant $15,000 for mental anguish, and (2) to cease and desist from engaging in discriminatory rental practices at the subject premises.
Subsequently, Dr. Barton instituted a proceeding, pursuant to CPLR article 78, challenging the Commission's determination. Thereafter, the IAS court affirmed, and dismissed the petition.
Following our examination of the record, while the matter is not free from doubt, we find "sufficient evidence" supports the determination of discrimination made by the Commission (Matter of Pace Coll. v. Commission on Human Rights, 38 N.Y.2d 28, 35-36); we also find that part of the Commission's order which awarded the complainant $15,000 for mental anguish to be grossly excessive, since "`"in the light of all the circumstances [it is] shocking to one's sense of fairness"'" (Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 233; Matter of Unitel Video v. New York State Div. of Human Rights, 147 A.D.2d 377 [1st Dept 1989]).
Accordingly, we modify to reduce the award for mental anguish to $5,000, and, except, as thus modified, the determination is otherwise affirmed.
We have considered the other points presented by appellant, Dr. Barton, and find them to be without merit.
Concur — Kupferman, J.P., Ross, Carro, Ellerin and Smith, JJ.