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HOLLY v. PENNYSAVER

98 A.D.2d 570 (1984)

Alonzo Holly et al., Respondents, v. Pennysaver Corp. et al., Appellants

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

January 30, 1984

Attorney(s) appearing for the Case

Mokotoff, Mondshine & Aliano (Anthony A. Aliano of counsel), for appellants.

Malone, Dorfman & Tauber, P. C. (Alvin Dorfman and Sheryl Leicht Moody of counsel), for respondents.

LAZER and BOYERS, JJ., concur with TITONE, J. P.; THOMPSON, J., dissents and votes to reverse the order insofar as appealed from and grant defendants' motion to dismiss the complaint, with an opinion.

TITONE, J. P.

Our concern on this appeal is with the construction of subdivision 13 of section 296 of the Executive Law, which provides, in pertinent part, that it is an unlawful discriminatory practice "for any person to discriminate against, boycott or blacklist, or to refuse to buy from, sell to or trade with, any person, because of the race, creed, color, national origin or sex of such person". We hold that...

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