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HERNANDEZ v. REGION NINE HOUSING

286 N.J. Super. 676 (1996)

670 A.2d 95

WILFREDO HERNANDEZ, PLAINTIFF-APPELLANT, v. REGION NINE HOUSING CORP., NEW BRUNSWICK UAW ASSOCIATES, AND JOAN WILK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1996.

Attorney(s) appearing for the Case

Jeffrey E. Fogel argued the cause for appellant (Mr. Fogel, on the brief).

Thomas J. Giblin argued the cause for respondents Region Nine Housing Corp. and New Brunswick UAW Associates (Giblin & Lynch, attorneys).

James Tarella argued the cause for respondent Joan Wilk (Tarella & Liftman, attorneys; Mr. Tarella, on the brief).

Before Judges KING, LANDAU and KLEINER.

The opinion of the court was delivered by KING, P.J.A.D.

This case involves election of remedies for discrimination in the workplace. The issue is whether plaintiff's election to initially pursue his federal remedy to an administrative decision but then forego his right to bring a federal lawsuit precludes this Superior Court action for damages based on state law.

Plaintiff Wilfredo Hernandez appeals from the grant of a summary judgment on his claim for damages...

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