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SOGG v. AM. AIRLINES

193 A.D.2d 153 (1993)

Barbara L. Sogg, Respondent-Appellant, v. American Airlines, Inc., et al., Appellants-Respondents

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

October 14, 1993

Attorney(s) appearing for the Case

Martin I. Shelton of counsel (Steven E. Levitsky, Joseph E. Gulmi, Jacques M. Rimokh, Rosemary Halligan and Jennifer Krane with him on the brief; Shea & Gould and Weil, Gotshal & Manges, attorneys), for appellants-respondents.

Lester J. Tanner of counsel (Anders R. Sterner, Deborah Gunset and Scott Mautner with him on the brief; Tanner Propp Fersko & Sterner and Alexander J. Wulwick, attorneys), for respondent-appellant.

Nadine Taub of counsel (Women's Rights Litigation Clinic, Rutgers School of Law), amicus curiae.

CARRO, J. P., ROSENBERGER and RUBIN, JJ., concur with ELLERIN, J.; WALLACH, J., dissents in part in a separate opinion.

ELLERIN, J.

The instant action is brought under the New York Human Rights Law (Executive Law § 290 et seq.) alleging that the plaintiff was initially deprived of a promotion and was thereafter terminated from her position with defendant American Airlines, Inc. (American) as a result of discrimination based on her sex, age and disability, i.e., a serious heart condition. A jury found in plaintiff...

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