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MATTER OF RITE AID OF NEW YORK, INC. v. NEW YORK STATE DIVISION OF HUMAN RIGHTS

60 A.D.3d 1428 (2009)

875 N.Y.S.2d 708

In the Matter of RITE AID OF NEW YORK, INC., Petitioner-Respondent, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent-Petitioner, and NANCY L. FIX, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 20, 2009.

It is hereby ordered that the determination is modified on the law and the petition is granted in part by annulling that part of the determination finding that respondent was constructively discharged and vacating the award of damages for back pay based on that finding, by reducing the award of compensatory damages for mental anguish and humiliation to $5,000, and by vacating the date predetermination interest is to commence on the award of damages for back pay based on comparable...

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