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BELLE CTR v. HUMAN RIGHTS DIV

221 A.D.2d 44 (1996)

642 N.Y.S.2d 739

In the Matter of Father Belle Community Center et al., Respondents, v. New York State Division of Human Rights, on Complaint of Deborah A. King and Others, Petitioner

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

April 19, 1996

Attorney(s) appearing for the Case

David J. Seeger, Buffalo, for petitioners.

Deborah A. King, Cheektowaga, respondent pro se.

Elizabeth Hurd, Buffalo, respondent pro se.

Deborah Horvatits, Elma, respondent pro se.

Lawrence Kunin, New York City (Michael Swirsky of counsel), for State Division of Human Rights, respondent.

LAWTON, WESLEY, BALIO and DAVIS, JJ., concur.

DENMAN, P. J.

In this proceeding we are asked to consider, among other issues, whether New York's rule against imposing vicarious liability in discrimination cases precludes imposition of liability on a corporate employer for acts of sexual harassment perpetrated by its highest managerial employee. We conclude that it does not.

This proceeding arises out of five human rights complaints that culminated...

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