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BINGHAMTON v. HUMAN RIGHTS

77 N.Y.2d 12 (1990)

In the Matter of Binghamton GHS Employees Federal Credit Union et al., Respondents, v. State Division of Human Rights et al., Appellants. Estate of Theresa M. Yadlosky, Necessary Party.

Court of Appeals of the State of New York.

Decided November 27, 1990.

Attorney(s) appearing for the Case

Caroline J. Downey and Lawrence Kunin for appellants.

Donald W. O'Brien, Jr., for Binghamton GHS Employees Federal Credit Union and another, respondents.

Richard H. Block, David J. Weisenfeld and Elizabeth A. Barasch for Insurance Department of the State of New York, respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

The Human Rights Law prohibits discrimination on the basis of sex in "the fixing of the rates, terms or conditions of * * * any form of credit" (Executive Law § 296-a [1] [b]). The issue in this proceeding is whether an auto loan agreement violates this statutory prohibition if it contains an option to purchase disability insurance for the duration of the loan which excludes coverage for disabilities...

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