Bronx Cross County Medical Group, P.C. v. Lassen

• Decision Date: 21 November 1996
• Citation: 650 N.Y.S.2d 113,233 A.D.2d 234
• Parties: , 72 Fair Empl.Prac.Cas. (BNA) 1004 In re Application of BRONX COUNTY MEDICAL GROUP, P.C., Petitioner, For a Judgment, etc., v. Lydia LASSEN, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 113

650 N.Y.S.2d 113

233 A.D.2d 234, 72 Fair Empl.Prac.Cas. (BNA) 1004

In re Application of BRONX COUNTY MEDICAL GROUP, P.C., Petitioner For a Judgment, etc., v. Lydia LASSEN, et al., Respondents.

Supreme Court, Appellate Division First Department.

Nov. 21, 1996.

Carol A. Marcus, for Petitioner.

Marie Kaiser, for Respondents.

Before WALLACH, J.P., and ROSS, NARDELLI, TOM and MAZZARELLI, JJ.

MEMORANDUM DECISION.

Determination of respondent State Division of Human Rights dated January 17, 1995, which, inter alia, found that petitioner had discriminated against respondent complainant on the basis of her gender, directed her reinstatement and awarded her back pay, seniority and retirement credits, out of pocket expenses and $250,000 in compensatory damages for mental anguish, unanimously modified, on the facts, to the extent of reducing the award for compensatory damages to $25,000, and the proceeding brought pursuant to Executive Law § 298 (transferred to this Court by order of the Supreme Court, New York County [Harold Tompkins, J.], entered July 10, 1995), is otherwise disposed of by confirming the remainder of the determination, without costs.

In viewing the totality of the circumstances surrounding complainant's claim, and the record as a whole, the Commissioner's determination that respondent was subjected to a hostile work environment and gender discrimination by petitioner was supported by substantial evidence (see, Meritor Sav. Bank v Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49; Harris v. Forklift Sys., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295; 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183).

The complainant's testimony concerning her feelings of embarrassment, humiliation, inadequacy, together with her testimony concerning adverse physical effects of weight loss and inability to find comparable employment for almost two years as a result of the hostile work environment and discriminatory discharge supported a claim for mental anguish (see, Thoreson v. Penthouse Intl., 179 A.D.2d 29, 31-32, 583 N.Y.S.2d 213, affd 80 N.Y.2d 490, 591 N.Y.S.2d 978, 606 N.E.2d 1369). Nevertheless, we find that the award of $250,000 in compensatory damages is not reasonably related to the petitioner's wrongdoing or the duration, consequence and magnitude of complainant's mental anguish, and, in view of comparable awards for similar injuries (see, Matter of Father Belle Community Ctr....