STATE COMM'N FOR HUMAN RIGHTS v. Speer
Cases that cite this one
14 later published cases cite this decision.
- Cullen v. Nassau County Civil Service Commission (N.Y. 1981)
- New York Gaslight Club, Inc. v. Carey (Supreme Court of the United States 1980)
- Zahorian v. Russell Fitt Real Estate Agency (N.J. 1973)
- DiLauria v. Town of Harrison (Appellate Division of the Supreme Court of New York 2006)
- New York City Transit Authority v. State Division of Human Rights (N.Y. 1991)
- Club Swamp Annex v. White (Appellate Division of the Supreme Court of New York 1990)
- Barton v. New York City Commission on Human Rights (New York Supreme Court 1988)
- State Division of Human Rights v. New York State Department of Correctional Services (Appellate Division of the Supreme Court of New York 1982)
- State Division of Human Rights v. New York State Department of Correctional Services (Appellate Division of the Supreme Court of New York 1982)
- New York City Board of Education v. Sears (Appellate Division of the Supreme Court of New York 1981)
- Sears v. New York State Division of Human Rights (Appellate Division of the Supreme Court of New York 1980)
- 300 Gramatan Avenue Associates v. State Division of Human Rights (N.Y. 1978)
- New York City Department of Personnel v. New York State Division of Human Rights (Appellate Division of the Supreme Court of New York 1977)
- New York City Department of Personnel v. New York State Division of Human Rights (Appellate Division of the Supreme Court of New York 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
State Commission for Human Rights, on the Complaint of New York Urban League and John Gaynus, as Director of Operation Open City, Appellants,
v.
Edmund M. Speer, Jr., as Trustee under the Will of Edmund M. Speer, Deceased, et al., Respondents.
Court of Appeals of the State of New York.
Alexander A. Kolben for appellants.
No appearance for respondents.
J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Franklin E. White of counsel), for City Commission on Human Rights, amicus curiae.
Jack Greenberg and Sylvia Drew for NAACP Legal Defense and Educational Fund, Inc., amicus curiae.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to affirm in the following opinion.
Order reversed, without costs, on the dissenting opinion at the Appellate Division and the matter remitted to the Appellate Division with directions to remand to the Human Rights Appeal Board to determine whether the award for damages was justified by the evidence.
SCILEPPI, J. (dissenting).
I am in complete agreement with the determination made by the Appellate Division and vote to affirm for the reasons stated in the majority opinion of that court. I would simply add that it is inconceivable that the Legislature, in creating the New York State Division of Human Rights, intended to deprive those against whom a claim for damages for pain, suffering and mental anguish is made, of the fundamental right to a trial in our courts. In my view, the broad interpretation which the majority gives to the relevant statutes is unrealistic and improvident since it overlooks the fact that claims of this nature often involve hundreds of thousands of dollars and vests with the commission an unwieldy power which totally disregards the right to trial by jury. By seeking administrative relief, claimants are foreclosed from asserting the damages sought herein since the Legislature has simply not structured the commission to adjudicate claims of this magnitude with the precision and the safeguards which a traditional civil trial affords.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.