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PETRI v. BANK OF N. Y. CO.

153 Misc.2d 426 (1992)

Douglas C. Petri, Plaintiff, v. Bank of New York Co., Inc., et al., Defendants.

Supreme Court, New York County.

February 11, 1992

Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Kenneth Kirschner of counsel), for defendants. Robert J. Hilpert Law Offices (Dale M. Novak of counsel), for plaintiff.

HAROLD BAER, JR., J.

In this employment discrimination case, defendants move, pursuant to CPLR 3211 (a) (7), to dismiss the complaint for failure to state a cause of action.

I

BACKGROUND

The complaint contains four causes of action. The following facts are alleged. Plaintiff is gay but it is not alleged that he had contracted acquired immune deficiency syndrome (AIDS) or has tested...

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