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LUCARELLI v. NEW YORK MERCANTILE EXCHANGE

24 A.D.3d 117 (2005)

804 N.Y.S.2d 741

LYDIA LUCARELLI, Respondent, v. NEW YORK MERCANTILE EXCHANGE, Appellant, et al., Defendants.

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

December 1, 2005.

The gravamen of the complaint, in this action under the New York State and City Human Rights Laws (Executive Law § 296; Administrative Code of City of NY § 8-107), is that NYMEX condoned, aided and abetted the sexual harassment of an employee in a place of public accommodation (see D'Amico v. Commodities Exch., 235 A.D.2d 313, 314 [1997]). NYMEX cannot assert immunity under the Commodity Exchange Act (7 USC § 1

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