BARR v. BJ'S WHOLESALE CLUB, INC.


62 A.D.3d 820 (2009)

879 N.Y.S.2d 558

KIMAURI BARR, Also Known as KIMAURY LACY, Appellant, v. BJ's WHOLESALE CLUB, INC., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 19, 2009.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion, in effect, to dismiss the complaint pursuant to CPLR 3211 (a) and Executive Law § 297 (9) is denied.

Executive Law § 297 (9) provides that a person who has filed an administrative complaint with the New York State Division of Human Rights (hereinafter the SDHR) or a local commission on human rights regarding discrimination is thereby deprived of his or her judicial cause...

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