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SHAH v. WILCO SYS., INC.

27 A.D.3d 169 (2005)

806 N.Y.S.2d 553

SONA SHAH et al., Respondents, v. WILCO SYSTEMS, INC., Appellant.

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

December 29, 2005.

Attorney(s) appearing for the Case

Grotta, Glassman & Hoffman, P.C., Roseland, New Jersey (Jonathan Meyers of counsel), for appellant.

McCallion & Associates, LLP, New York City (Kenneth F. McCallion of counsel), for Sona Shah, respondent.

Morelli Ratner PC, New York City (David S. Ratner of counsel), for Kai Barrett, respondent.

WILLIAMS, GONZALEZ and McGUIRE, JJ., concur with SULLIVAN, J.P.; ELLERIN, J., dissents in part in a separate opinion.

OPINION OF THE COURT

SULLIVAN, J.P.

In this putative class action against their former employer, plaintiffs—one an American citizen suing on behalf of other American citizen workers and the other a noncitizen suing on behalf of other foreign workers—claim, under the New York City Human Rights Law, that they were discriminated against on the basis of their respective citizenship status.

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