CANNON v. EQUITABLE LIFE


87 A.D.2d 403 (1982)

Ann F. Cannon et al., Respondents, v. Equitable Life Assurance Society of the United States, Appellant

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

June 28, 1982


Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler and Werner Weinstock (Pepper, Hamilton & Scheetz [Fred A. Freund] of counsel), for appellant (one brief).

Hockert & Flamm (Leonard N. Flamm of counsel) and Braunstein, Jacobson, Freeman & Viscomi for respondents (one brief).

MOLLEN, P. J., DAMIANI and THOMPSON, JJ., concur.


BRACKEN, J.

In an action to recover damages resulting from defendant's alleged age discrimination practices and for other affirmative relief, we are asked to consider whether Federal age discrimination actions supersede and supplant the right of a private individual to maintain such action for age discrimination in the State courts and, if not, whether in this particular instance the certification of this matter...

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