Matter of Cutri v New York City Commn. on Human Rights
2014 NY Slip Op 00102 [113 AD3d 608]
January 8, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


In the Matter of Antonio Cutri, Appellant,
v
New York City Commission on Human Rights et al., Respondents.

[*1] Stern & Stern, Brooklyn, N.Y. (David Lyle Stern of counsel), for appellant.

Jeffrey D. Friedlander, Acting Corporation Counsel, New York, N.Y. (Francis F. Caputo and Karen M. Griffin of counsel), for respondent New York City Commission on Human Rights.

In a proceeding, in effect, pursuant to Administrative Code of the City of New York § 8-123 to review a determination of the New York City Commission on Human Rights dated February 17, 2011, which, inter alia, awarded the complainant Elizabeth Lukasiewicz compensatory damages in the sum of $31,500 ($30,000 for mental anguish and $1,500 for economic loss), awarded the complainant Pamela Haley compensatory damages for mental anguish in the sum of $20,000, and imposed a civil penalty in the sum of $20,000, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Vaughan, J.), dated February 22, 2012, which granted the respondents' motion to dismiss the proceeding, confirmed the awards of compensatory damages and the civil penalty, and in effect, dismissed the proceeding.

Ordered that the order and judgment is affirmed, with costs.

Deference must be accorded to the assessment of damages by the New York City Commission on Human Rights (hereinafter the Commission), in view of its special experience in weighing the merit and value of mental anguish claims (see Matter of New York State Div. of Human Rights v Caprarella, 82 AD3d 773, 775 [2011]). The award of $30,000 to Elizabeth Lubasiewicz for mental anguish and the award of $20,000 to Pamela Haley for mental anguish were supported by their testimony (see Matter of New York City Tr. Auth. v State Div. of Human Rights, 78 NY2d 207, 218-219 [1991]; Matter of Matteo v New York State Div. of Human Rights, 306 AD2d 484 [2003]), and are comparable to other awards for similar injuries (see Matter of State Div. of Human Rights v Muia, 176 AD2d 1142 [1991]; Szpilzinger v New York State Div. of Human Rights, 160 AD2d 196 [1990]). Additionally, the civil penalty was appropriate (see Administrative Code of City of NY § 8-126 [a]; Matter of 119-121 E. 97th St. Corp. v New York City Commn. on Human Rights, 220 AD2d 79, 81 [1996]).

As the Commission bears responsibility for rendering the ultimate determination, it was not required to adopt the recommendation of the Administrative Law Judge assigned to the proceeding as to the amount of damages (see Matter of Hartley Catering, Inc. v New York State Div. of Human Rights, 66 AD3d 1022 [2009]; Matter of Orlic v Gatling, 44 AD3d 955 [2007]; Matter of R & B Autobody & Radiator, Inc. v New York State Div. of Human Rights, 31 AD3d 989 [2006]; Matter of Jenkins v New [*2]York City Dept. of Transp., 26 AD3d 176 [2006]).

The petitioner's remaining contentions are without merit. Mastro, J.P., Lott, Austin and Hinds-Radix, JJ., concur.