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TOTEM TAXI v. HUMAN RIGHTS

65 N.Y.2d 300 (1985)

In the Matter of Totem Taxi, Inc., Appellant, v. New York State Human Rights Appeal Board, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1985.

Attorney(s) appearing for the Case

William Gray for appellant.

Sara Toll East and Roberto Albertorio for respondent.

Judges JASEN, SIMONS and KAYE concur with Chief Judge WACHTLER; Judge ALEXANDER concurs in a separate opinion in which Judge MEYER concurs; Judge TITONE taking no part.

Chief Judge WACHTLER.

The question on this appeal is whether an employer can be held liable in damages pursuant to the State Human Rights Law (Executive Law § 296) for the discriminatory act of an employee when there has been no showing that the employer approved of, or acquiesced in, the employee's act. The employer who was held liable below has appealed by leave of this court.

On January 5, 1980...

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