MARGERUM v. CITY OF BUFFALO

No. 7

24 N.Y.3d 721 (2015)

EUGENE MARGERUM et al., Appellants-Respondents, v. CITY OF BUFFALO et al., Respondents-Appellants.

Court of Appeals of New York.

Decided February 17, 2015.


Attorney(s) appearing for the Case

Chiacchia & Fleming, LLP, Hamburg ( Andrew P. Fleming and Christen Archer Pierrot of counsel), for appellants-respondents.

Hodgson Russ LLP, Buffalo ( Jason E. Markel , Adam W. Perry , Stephen W. Kelkenberg and Joshua Feinstein of counsel), for respondents-appellants.

Latino Justice PRLDEF, New York City ( Jackson Chin , Juan Cartagena and Jose Perez of counsel), for National Association of Hispanic Firefighters, amicus curiae.

Creighton Johnsen & Giroux, Buffalo ( Jonathan G. Johnsen of counsel), for Buffalo Professional Firefighters Association, Local 282, IAFF, AFL-CIO, amicus curiae.

National Association for the Advancement of Colored People, Baltimore, Maryland ( Anson C. Asaka , Marshall W. Taylor and Kyhla D. Craine of counsel), for The National Association for the Advancement of Colored People, amicus curiae.

Law Offices of Prathima Reddy LLC, Buffalo ( Prathima Reddy of counsel), and Amanda Keller , International Municipal Lawyers Association, Bethesda, Maryland, for International Municipal Lawyers Association and others, amici curiae.

Pacific Legal Foundation, Sacramento, California ( Theodore Hadzi-Antich , Meriem L. Hubbard and Joshua P. Thompson of counsel), for Pacific Legal Foundation and others, amici curiae.

Judges READ, PIGOTT and ABDUS-SALAAM concur; Judge READ in a separate concurring opinion; Judge RIVERA concurs in part and dissents in part in an opinion; Judges STEIN and FAHEY taking no part.


OPINION OF THE COURT

We hold that a notice of claim need not be filed for a Human Rights Law claim against a municipality and that plaintiffs should not have been granted summary judgment on the issue of liability involving discrimination as to civil service lists for Buffalo firefighters. We therefore remit for further...

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