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  5. 67 A.D.2d 1029 (1979)
 

MATTER OF THOMAS J. LIPTON, INC. v. NEW YORK STATE HUMAN RIGHTS APPEAL BD.

67 A.D.2d 1029 (1979)

In the Matter of Thomas J. Lipton, Inc., Petitioner, v. New York State Human Rights Appeal Board et al., Respondents

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

February 1, 1979

The complainant was refused re-employment by the petitioner in October of 1975 when its medical department determined that this five-foot- and seven-inch-tall woman was obese at the weight of over 300 pounds and also had high blood pressure. There is evidence that she weighed about 318 pounds in October of 1975. The record establishes beyond any question that the complainant was refused employment because of the joint judgment of her supervisor and the medical department...

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