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TIMES CO. v. CITY OF NEW YORK

41 N.Y.2d 345 (1977)

In the Matter of New York Times Company, Respondent, v. City of New York Commission on Human Rights, Appellant, and American Committee on Africa et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided February 10, 1977.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Ellen Kramer Sawyer and L. Kevin Sheridan of counsel), New York City, for appellant.

Floyd Abrams and James J. Foster, New York City, for respondent.

Douglas P. Wachholz, Ramsey Clark, T. Michael Peay and Peter Weiss, New York City, for intervenors-appellants.

Chief Judge BREITEL and Judge WACHTLER concur with Judge JASEN; Judge JONES concurs in a separate opinion in which Judge GABRIELLI concurs; Judges FUCHSBERG and COOKE dissent and vote to reverse in another memorandum.

JASEN, J.

We hold that advertisements of employment opportunities located within the Republic of South Africa which merely refer to that country as the situs of the employment and which do not recite, on the surface, any discriminatory conditions do not express discrimination within the meaning of the New York City antidiscrimination laws. We also hold that a newspaper which publishes such employment advertisements...

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