NYC TR. AUTH. v. HUMAN RIGHTS


78 N.Y.2d 207 (1991)

In the Matter of New York City Transit Authority, Respondent, v. State Division of Human Rights, Respondent, and Adrienne Nash, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1991.


Attorney(s) appearing for the Case

Kenneth E. Gordon and Aragaw Mehari for appellant.

Kenneth Howard Schriffrin, Albert C. Cosenza, Richard Dreyfus and George S. Grupsmith for New York City Transit Authority, respondent.

Rosamond Prosterman and Lawrence Kunin for State Division of Human Rights, respondent.

Donald L. Cuneo, Diana C. Durham, Donna R. Lenhoff and Leslye Orloff, of the District of Columbia Bar, admitted pro hac vice, for the Women's Legal Defense Fund and others, amici curiae.

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


KAYE, J.

In an appeal involving established sex discrimination, the issue before us centers on the measurement of damages for complainant's mental anguish. We conclude that the Appellate Division erred in reducing the damages found by the State Division of Human Rights, and therefore reverse the order and remit the matter to that court for further proceedings in accordance with this opinion.

I.

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