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SCOTT v. CARTER-WALLACE, INC.

147 A.D.2d 33 (1989)

Patricia Scott, Respondent-Appellant, v. Carter-Wallace, Inc., Appellant-Respondent

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

May 23, 1989

Attorney(s) appearing for the Case

Steven R. Fusfeld of counsel (Esterman & Esterman, P. C., attorneys), for respondent-appellant.

Eric M. Nelson of counsel (Karen J. Lamp with him on the brief; Breed, Abbott & Morgan, attorneys), for appellant-respondent.

SULLIVAN, J. P., ASCH, MILONAS and KASSAL, JJ., concur.

WALLACH, J.

Under Executive Law § 297 (9), a person claiming to be aggrieved by an unlawful discriminatory practice who elects to file a complaint with the State Division of Human Rights (State Division) is barred from pursuing a remedy in State court. We now hold that a grievant who files a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) — the Federal agency empowered...

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