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CRESPO v. 160 W END AVE CORP.

253 A.D.2d 28 (1999)

687 N.Y.S.2d 79

Rafael Crespo, Respondent, v. 160 West End Avenue Owners Corp., Appellant, et al., Defendant

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

February 2, 1999

Attorney(s) appearing for the Case

Oliver Beiersdorf of counsel (Law Offices of Shane Henty Sutton, P. C., attorneys), for respondent.

Rhonda L. Epstein of counsel (Harold Kenneth King on the brief; Hoey, King, Perez, Toker & Epstein, attorneys), for appellant.

Paul Salvatore of counsel (John F. Fullerton III, Laurie S. Leonard and James F. Berg on the brief; Proskauer Rose, L. L. P., attorneys), for Realty Advisory Board on Labor Relations, Inc., amicus curiae.

WILLIAMS, TOM and MAZZARELLI, JJ., concur.

SULLIVAN, J. P.

In this action under section 296 of the Executive Law, plaintiff alleges that he was discriminatorily terminated on the basis of his age from his position as a superintendent of a residential apartment complex owned by defendant 160 West End Avenue Owners Corp. (Owners) and managed by defendant Kreisel Company, Inc. The issue on appeal is whether the Federal Arbitration Act ([FAA] 9 USC §...

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