Palmer v. City of New York
| Decision Date | 30 May 1995 |
| Citation | 627 N.Y.S.2d 42,215 A.D.2d 336 |
| Parties | William C. PALMER, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
R.A. Dienst, for plaintiff-appellant.
J.L. Kalkstein, for defendants-respondents.
Before SULLIVAN, J.P., and ROSENBERGER, WALLACH, KUPFERMAN and ASCH, JJ.
Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered April 5, 1994, which granted defendants' motion dismissing the complaint on the ground that plaintiff failed to serve a notice of claim, unanimously reversed, on the law, without costs or disbursements, and the motion denied.
Plaintiff's complaint, which sets forth Executive Law claims against defendants for alleged unlawful discriminatory practices under the Human Rights Law, should not have been dismissed. The notice of claim requirement (see, General Municipal Law § 50-i) is not applicable to such claims. (Ibid., Alaimo v. New York City Dept. of Sanitation, 203 A.D.2d 501, 611 N.Y.S.2d 245; Simpson v. New York City Tr. Auth., 188 A.D.2d 522, 523, 591 N.Y.S.2d 350.) The complaint is reinstated.
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