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MJ CAHN CO. v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

3527, 158607/15.

148 A.D.3d 602 (2017)

2017 NY Slip Op 02373

50 N.Y.S.3d 348

MJ CAHN CO., Respondent, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Appellant, et al., Respondent.

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

Decided March 28, 2017.

DHR properly dismissed Kamate's complaint on the ground that her election of remedies was annulled (see Executive Law § 297 [9]), notwithstanding that she sought dismissal of the DHR complaint only after commencing a state court action alleging the same claims (Kamate v MJ Cahn Co., 147 A.D.3d 573 [1st Dept 2017]; see generally Eastman Chem. Prods. v New York State Div. of Human Rights, 162 A.D...

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