LEVIN v. YESHIVA UNIV.


96 N.Y.2d 484 (2001)

754 N.E.2d 1099

730 N.Y.S.2d 15

SARA LEVIN et al., Appellants, v. YESHIVA UNIVERSITY et al., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 2001.


Attorney(s) appearing for the Case

Vladeck, Waldman, Elias & Engelhard, P. C., New York City (James D. Esseks of counsel), American Civil Liberties Union Lesbian and Gay Rights Project (Michael Adams and Matthew A. Coles of counsel), and New York Civil Liberties Union (Arthur N. Eisenberg of counsel), for appellants.

Weil, Gotshal & Manges, L. L. P., New York City (Mark A. Jacoby and Richard A. Simon of counsel), for respondents.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Roberta A. Kaplan and Brian V. Ellner of counsel), for Audre Lorde Project and others, amici curiae.

Law Office of Craig Gurian, New York City (Craig Gurian of counsel), and Ronald J. Tabak for Association of the Bar of the City of New York, amicus curiae.

Lambda Legal Defense and Education Fund, Inc., New York City (Ruth E. Harlow and Stephen R. Scarborough of counsel), for Lambda Legal Defense and Education Fund, Inc., and others, amici curiae.

Eliot Spitzer, Attorney General, New York City (Adam L. Aronson, Preeta D. Bansal, Daniel Smirlock, Caitlin J. Halligan, Andrew G. Celli, Jr., and Carrie H. Cohen of counsel), for State of New York, amicus curiae.

NAACP Legal Defense and Educational Fund, Inc., New York City (Robert H. Stroup, Elaine R. Jones, Theodore M. Shaw and Norman J. Chachkin of counsel), for NAACP Legal Defense and Educational Fund, Inc., and others, amici curiae.

Gay and Lesbian Law Students Alliance of the Benjamin N. Cardozo School of Law, New York City, and Public Interest Law Students Association of the Benjamin N. Cardozo School of Law, amici curiae.

Judges LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur with Judge CIPARICK; Judge SMITH concurs in result in a separate opinion; Chief Judge KAYE concurs in part and dissents in part in another opinion.


OPINION OF THE COURT

CIPARICK, J.

The New York City Human Rights Law, like the State Human Rights Law, protects certain groups from policies or practices that discriminate against them in areas such as employment, public accommodations and housing (see, Executive Law § 296; Administrative Code of City of NY § 8-107). The City's Human Rights Law goes the additional step of prohibiting policies...

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