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COMM., HUMAN RIGHTS v. KENNELLY

30 A.D.2d 310 (1968)

In the Matter of The State Commission for Human Rights, Respondent, v. Timothy Kennelly et al., Appellants. Nancy Johnson, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 11, 1968.

Attorney(s) appearing for the Case

Waxstein & Gelbman (Morris Gelbman and Morton N. Wekstein of counsel), for appellants.

Henry Spitz (Sam Singer of counsel), for respondent.

Louis J. Lefkowitz, Attorney-General (Lloyd G. Milliken, Samuel A. Hirshowitz and George D. Zuckerman of counsel), in his statutory capacity under section 71 of the Executive Law.

Dannenberg, Hazen & Lake (Richard E. Burns of counsel), for intervenor-respondent.

BRENNAN, HOPKINS, MUNDER and MARTUSCELLO, JJ., concur.

BELDOCK, P. J.

The appellants are alleged to have discriminated against the complainant, a Negro, in violation of the Law Against Discrimination (Executive Law, art. 15 [specifically § 296, subd. 5, par. [a], cls. (1), (2)]), in the rental of a 9-room duplex apartment located on the second and third floors of the appellants' three-apartment dwelling, which apartment the appellants had advertised as being...

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