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SCOTT v. MASS. MUT. LIFE INS.

86 N.Y.2d 429 (1995)

657 N.E.2d 769

633 N.Y.S.2d 754

Marilyn G. Scott, Appellant, v. Massachusetts Mutual Life Insurance Company et al., Respondents.

Court of Appeals of the State of New York.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Nira T. Kersmich, Rochester, for appellant.

Nixon, Hargrave, Devans & Doyle, Rochester (Marion Blankopf of counsel), for Massachusetts Mutual Life Insurance Company, respondent.

Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester (Mark L. Suher and Gerald L. Paley of counsel), for G. James Blatt, respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

Plaintiff insurance agent brought a discrimination claim against defendant insurance company for termination of her agency contract allegedly on the basis of her gender, age and marital status. The question before us is whether the suit may be predicated on Executive Law § 296 (1) (a), which prohibits discrimination in employment, or under section 296 (13), which prohibits discrimination in commerce...

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