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MACK v. J. C. PENNEY CO., INC.

81 A.D.2d 761 (1981)

Marilyn Mack, on Behalf of Herself and All Other Similarly Situated Female Employees of J. C. Penney Co., Inc., Respondent, v. J. C. Penney Company, Inc., Appellant

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

May 7, 1981

Plaintiff Mack, a former employee of defendant J. C. Penney Co., Inc., seeks damages because defendant denied her disability benefits for her pregnancy in violation of section 296 of the Human Rights Law. Plaintiff has also made a motion seeking class action certification under CPLR article 9; that motion is sub judice. Although plaintiff's attorney asserts that her client is indigent and on public assistance in South Carolina, the overriding consideration remains...

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