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JOHNSON v. LORD & TAYLOR

25 A.D.3d 435 (2006)

807 N.Y.S.2d 367

NERISSA JOHNSON, Respondent, v. LORD & TAYLOR, a Division of THE MAY DEPARTMENT STORES COMPANY, Appellant. (And a Third-Party Action.)

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

January 17, 2006.

The complaint alleged discriminatory denial of use of a public accommodation based upon Executive Law § 296 (2) (a). Allegedly, as plaintiff, an African-American woman, exited Lord & Taylor's Fifth Avenue store, a security sensor sounded, and when the security guard responded, he requested that plaintiff pass through the sensor a second time and made no similar request of a Caucasian woman who exited immediately before plaintiff and continued on her way. The sensor...

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