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STATE v. WAL-MART STORES

207 A.D.2d 150 (1995)

State of New York, Respondent-Appellant, v. Wal-Mart Stores, Inc., Appellant-Respondent

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

January 5, 1995

Attorney(s) appearing for the Case

Roberts & Finger, New York City (Joel L. Finger, Carter K. Combe and Jordan D. Schiffman of counsel), for appellant-respondent.

Dennis C. Vacco, Attorney-General, New York City (James M. Williams, Jane Lauer Barker, Peter G. Crary and M. Patricia Smith of counsel), for respondent-appellant.

MIKOLL, J. P., and PETERS, J., concur with MERCURE, J.; YESAWICH JR., J., dissents in a separate opinion.

MERCURE, J.

In February 1993, defendant discharged two of its employees for violating its "fraternization" policy, which is codified in defendant's 1989 Associates Handbook and prohibits a "dating relationship" between a married employee and another employee, other than his or her own spouse. In this action, plaintiff seeks reinstatement of the two employees with back pay upon the ground that their discharge...

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