MTR. OF AMER. JEWISH CONG. v. CARTER


9 N.Y.2d 223 (1961)

In the Matter of American Jewish Congress, Respondent, v. Elmer A. Carter et al., Constituting the State Commission Against Discrimination, Respondents, and Arabian American Oil Company, Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1961.


Attorney(s) appearing for the Case

Chester Bordeau, George W. Ray, Jr., Lowell Wadmond and T. Darrington Semple, Jr., for appellant.

Shad Polier, Will Maslow, Leo Pfeffer and Joseph B. Robison for American Jewish Congress, respondent.

Jack Greenberg, Thurgood Marshall and Norman C. Amaker for NAACP Legal Defense and Educational Fund, Inc., amicus curiæ.

Chief Judge DESMOND and Judges DYE, FULD, BURKE and FOSTER concur with Judge FROESSEL; Judge VAN VOORHIS dissents in a separate opinion.


FROESSEL, J.

The present proceeding before us was commenced in 1956. The principal issue presented is whether "probable cause" existed "for crediting the allegations of the complaint" (Executive Law, § 297). On the basis of the record before us, both courts below have held that "probable cause" did exist here. Special Term went further and erroneously addressed itself to how the issues pertaining thereto...

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