MALAMOOD v. KIAMESHA CONCORD, INC.


210 A.D.2d 26 (1994)

619 N.Y.S.2d 30

Anna Malamood, as Executrix of Herman Malamood, Deceased, Respondent, v. Kiamesha Concord, Inc., Doing Business as Concord Resort Hotel, Appellant

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

December 1, 1994


On an earlier appeal (182 A.D.2d 359) we, inter alia, sustained plaintiff's decedent's first cause of action for disability discrimination under Executive Law § 296 (1) (a), wherein it was claimed decedent was terminated from his cantorial services due to his medical condition. On this appeal, we agree with the IAS Court's conclusion that triable material issues of fact exist concerning whether plaintiff's decedent was an employee...

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