MURPHY v. AM. HOME PRODS CORP


136 A.D.2d 229 (1988)

Joseph Murphy, Appellant, v. American Home Products Corporation, Respondent

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

April 7, 1988


Attorney(s) appearing for the Case

Jeremy Heisler of counsel (Richard M. Meyer with him on the brief; Milberg Weiss Bershad Specthrie & Lerach, attorneys), for appellant.

David R. Jewell of counsel (Joseph L. Clasen and Richard J. DeMarco, Jr., with him on the brief; Donovan Leisure Newton & Irvine, attorneys), for respondent.

MURPHY, P. J., SANDLER and SULLIVAN, JJ., concur.


ELLERIN, J.

At issue on this appeal is whether plaintiff is entitled to a jury trial in an age discrimination action brought pursuant to Executive Law § 297 (9) where the sole relief sought is money damages to compensate plaintiff for what he would have earned, both by way of salary and other benefits, had he remained in defendant's employ until his normal retirement, and also an additional award for punitive...

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