Appellate Division of the Supreme Court of New York, 1988

Samper v. University of Rochester

Samper v. University of Rochester
Appellate Division of the Supreme Court of New York · Decided November 15, 1988
144 A.D.2d 940
Samper v. University of Rochester

Opinion of the Court

Order and judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court should not have dismissed plaintiffs’ *941cause of action alleging discrimination under Civil Rights Law §§ 40-c and 40-d against defendants University of Rochester, Strong Memorial Hospital, and Ronald A. Gabel, M.D. Since plaintiffs alleged sufficient facts to sustain a cause of action under the Human Rights Law (Executive Law § 296 [1] [a]) against these defendants, the cause of action under the Civil Rights Law must likewise be sustained (see, People v Hamilton, 125 AD2d 1000, 1001). (Appeal from order and judgment of Supreme Court, Monroe County, Wesley, J. — renewal.) Present — Doerr, J.P., Boomer, Pine, Balio and Davis, JJ.

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