State Division of Human Rights v. Luppino

Decision Date06 July 1971
Citation324 N.Y.S.2d 298,29 N.Y.2d 558
Parties, 272 N.E.2d 885 STATE DIVISION OF HUMAN RIGHTS, Appellant, v. Rocco LUPPINO et al., Respondents.
CourtNew York Court of Appeals Court of Appeals

Appeal from the Supreme Court, Appellate Division, Second Department, 35 A.D.2d 107, 313 N.Y.S.2d 28.

Two proceedings were brought for enforcement and review of order of the Commissioner of State Division of Human Rights. The Supreme Court, Appellate Division, Martuscello, J., entered orders, and appeal was taken.

The Appellate Division modified and enforced order in one case and affirmed order in the other case, holding that Commissioner had no power to award attorney fees or damages for mental anguish or pain and suffering because of racial discrimination with respect to rental of units, and appeal was taken.

Order affirmed, without costs.

All concur.

To continue reading

Request your trial
20 cases
  • Zahorian v. Russell Fitt Real Estate Agency
    • United States
    • New Jersey Supreme Court
    • March 19, 1973
    ...damages was justified by the evidence,' 29 N.Y.2d 555, 324 N.Y.S.2d 297, 272 N.E.2d 884. See State Division of Human Rights v. Luppino, 29 N.Y.2d 558, 324 N.Y.S.2d 298, 272 N.E.2d 885 (1971); see also Italiano v. New York State Ex. Dept., Div. of H.Rts., 36 A.D.2d 1009, 321 N.Y.S.2d 422 (19......
  • Batavia Lodge No. 196, Loyal Order of Moose v. New York State Division of Human Rights
    • United States
    • New York Supreme Court — Appellate Division
    • December 13, 1973
    ... ... The indiscriminate award of $250.00 to each complainant was clearly punitive and not compensatory. Upon this record it was error, therefore, to award damages to the respondents (State Div. of Human Rights v. Luppino, 29 N.Y.2d 558, 324 N.Y.S.2d 298, 272 N.E.2d 885, affg. 35 A.D.2d 107, 313 N.Y.S.2d 28; State Div. of Human Rights v. Janica, 37 A.D.2d 444, 326 N.Y.S.2d 854; State Div. of Human Rights v. Stern, 37 A.D.2d 441, 443, 326 N.Y.S.2d 500, 503; Matter of Moskal v. State Div. of Human Rights, 36 A.D.2d ... ...
  • State Division of Human Rights on Complaint of Johnson v. Stern
    • United States
    • New York Supreme Court — Appellate Division
    • December 2, 1971
    ...damages or for mental anguish, has now been put to rest by the Court of Appeals in its unanimous affirmance (29 N.Y.2d 558, 324 N.Y.S.2d 298, 272 N.E.2d 885) of Matter of State Division of Human Rights v. Luppino, 35 A.D.2d 107, 313 N.Y.S.2d 28. In that case the precise issue was presented ......
  • School Dist. No. 1, Multnomah County v. Nilsen
    • United States
    • Oregon Supreme Court
    • April 1, 1975
    ... ... of any unlawful practice found and protect the rights of Sally Flury and other persons similarly situated.' ... , Sally Flury, and files with the Civil Rights Division of the Bureau of Labor her statement of pecuniary detriment ... See State Div. Human Rights v. Luppino, 35 App.Div.2d 107, 313, ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT