SUAREZ v. GALLO WINE DISTRIBUTORS, L.L.C.


32 A.D.3d 737 (2006)

820 N.Y.S.2d 794

HENRY E. SUAREZ et al., Respondents, v. GALLO WINE DISTRIBUTORS, L.L.C., et al., Appellants.

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

September 19, 2006.


The amended complaint alleges simply that defendants, in violation of City and State Human Rights Laws, have denied plaintiffs' employment by reason of their race and nationality. Contrary to defendants' arguments, the adjudication of these claims will not involve state court intrusion upon areas federally preempted under the National Labor Relations Act (NLRA) or the Labor Management Relations Act (LMRA). No issue is posed respecting plaintiffs' right to organize or to union...

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