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STATE COMM'N FOR HUMAN RIGHTS v. SPEER

29 N.Y.2d 555 (1971)

State Commission for Human Rights, on the Complaint of New York Urban League and John Gaynus, as Director of Operation Open City, Appellants, v. Edmund M. Speer, Jr., as Trustee under the Will of Edmund M. Speer, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

Alexander A. Kolben for appellants.

No appearance for respondents.

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Franklin E. White of counsel), for City Commission on Human Rights, amicus curiae.

Jack Greenberg and Sylvia Drew for NAACP Legal Defense and Educational Fund, Inc., amicus curiae.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to affirm in the following opinion.

Order reversed, without costs, on the dissenting opinion at the Appellate Division and the matter remitted to the Appellate Division with directions to remand to the Human Rights Appeal Board to determine whether the award for damages was justified by the evidence.

SCILEPPI, J. (dissenting).

I am in complete agreement with the determination made by the Appellate Division and vote to affirm for the reasons stated in the majority opinion of that...

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