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State Div. of Human Rights v. Dynasty Hotel

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 263 (N.Y. App. Div. 1995)

Opinion

December 12, 1995

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


The Division of Human Rights' finding that the Dynasty Hotel discriminated against complainant, a black man, by failing to rent a room to him although it offered a room to a white friend of his the same day he inquired, was supported by substantial evidence ( see, Matter of Imperial Diner v State Human Rights Appeal Bd., 52 N.Y.2d 72, 77). Notwithstanding the inconsistencies in complainant's testimony and the contradictory statements of a witness for the hotel, the reviewing court may not substitute its judgment for that of the agency or pass on the credibility of witnesses where conflicting evidence exists ( see, State Div. of Human Rights v Rochester Prods. Div., 112 A.D.2d 785, 785-786).

The compensatory damage award, which is twice that recommended by the Administrative Law Judge, and the punitive damages awarded against the hotel for "[c]onscious and repeated disregard for Complainant's human rights" are not supported by the record. A statement made by complainant to a Division of Human Rights employee during an intake interview, recorded in a memorandum and subsequently admitted into evidence as a business record, indicates that he initially complained of being offered only transient instead of permanent accommodations, not that he was denied any room whatsoever.

Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.


Summaries of

State Div. of Human Rights v. Dynasty Hotel

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 263 (N.Y. App. Div. 1995)
Case details for

State Div. of Human Rights v. Dynasty Hotel

Case Details

Full title:STATE DIVISION OF HUMAN RIGHTS, on Complaint of EUGENE McKIEVER…

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

Date published: Dec 12, 1995

Citations

222 A.D.2d 263 (N.Y. App. Div. 1995)
635 N.Y.S.2d 204

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