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MATTER OF FORTUNOFF FINE JEWELRY & SILVERWARE, INC. v. NEW YORK STATE DIV. OF HUMAN RIGHTS

227 A.D.2d 557 (1996)

642 N.Y.S.2d 710

In the Matter of Fortunoff Fine Jewelry & Silverware, Inc., Petitioner, v. New York State Division of Human Rights et al., Respondents

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

May 20, 1996

Adjudged that the petition is granted, on the law, with costs, and the determination is annulled.

The complainant filed a complaint against the petitioner Fortunoff Fine Jewelry & Silverware, Inc. (hereinafter Fortunoff), with the New York State Division of Human Rights (hereinafter the SDHR) contending that she had been unlawfully discriminated against by Fortunoff because of her disability, i.e., she smoked cigarettes outside of the workplace. Thereafter, a...

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