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MITTL v. STATE DHR

100 N.Y.2d 326 (2003)

794 N.E.2d 660

763 N.Y.S.2d 518

RAINER N. MITTL, OPHTHALMOLOGIST, P.C., Respondent, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Appellant. MAYRA RIVERA-MALDONADO, Respondent-Appellant, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Appellant-Respondent, and RAINER N. MITTL, OPHTHALMOLOGIST, P.C., et al., Respondents.

Court of Appeals of the State of New York.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Kathleen Ann Waybourn, New York City, for Mayra Rivera-Maldonado, appellant.

Michael K. Swirsky, Bronx, and Gina M. Lopez Summa for New York State Division of Human Rights, appellant.

McNamee, Lochner, Titus & Williams, P.C., Albany (David J. Wukitsch, Francis J. Smith, Jr. and Michael J. Grygiel of counsel), for Rainer N. Mittl, Ophthalmologist, P.C. and another, respondents.

Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge KAYE.

In October 1988, petitioner, an ophthalmologist, hired complainant as a secretary in his Manhattan office. Complainant was married and had an infant daughter. Approximately a year later, complainant informed petitioner that she might be pregnant, and the pregnancy was confirmed in December 1989. In early February 1990, petitioner told complainant that his wife suspected...

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