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Reinach v. Wisehart

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 332 (N.Y. App. Div. 1994)

Summary

finding jury award for mental anguish did not "deviate materially from what would be reasonable compensation," but not explicitly citing § 5501(c)

Summary of this case from Brady v. Wal-Mart Stores, Inc.

Opinion

November 22, 1994

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


Upon review of the record, we find that the evidence supports the jury's finding that defendant terminated plaintiff's employment because of plaintiff's sabbath observance in violation of Executive Law § 296 (10) (see, Matter of Schweizer Aircraft Corp. v. State Div. of Human Rights, 48 N.Y.2d 294), and that the award of $12,500 for mental anguish does not deviate materially from what would be reasonable compensation (compare, Kelley v Analytab Prods., 204 A.D.2d 113). Nor did the after-acquired evidence of plaintiff's resume fraud entitle defendant to judgment as a matter of law (see, Moodie v. Federal Reserve Bank, 831 F. Supp. 333, 336).

We have considered defendant's other arguments and find them to be without merit.

Concur — Ross, J.P., Asch, Rubin, Nardelli and Tom, JJ.


Summaries of

Reinach v. Wisehart

Appellate Division of the Supreme Court of New York, First Department
Nov 22, 1994
209 A.D.2d 332 (N.Y. App. Div. 1994)

finding jury award for mental anguish did not "deviate materially from what would be reasonable compensation," but not explicitly citing § 5501(c)

Summary of this case from Brady v. Wal-Mart Stores, Inc.
Case details for

Reinach v. Wisehart

Case Details

Full title:ALAN J. REINACH, Respondent, v. ARTHUR M. WISEHART, Appellant

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

Date published: Nov 22, 1994

Citations

209 A.D.2d 332 (N.Y. App. Div. 1994)
619 N.Y.S.2d 14

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