ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Oct 16, 2026

A court may set aside an administrative penalty only if it is so disproportionate to the offense as to be shocking to one's sense of fairness

The New York State Division of Human Rights [Division] initiated this proceeding pursuant to Executive Law §298 to enforce a determination of the Commissioner of the New York State Division of Human Rights. The Commissioner's determination adopted the recommendation and findings of an Administrative Law Judge, made after a hearing, finding that the Respondents unlawfully discriminated against the Plaintiff on the basis of her sex, inter alia, and awarded her compensatory damages in the principal sum of $75,000 for mental anguish and attorneys' fees in the principal sum of $24,640.50, and assessed a civil fine and penalty against the Respondents in the principal sum of $50,000.

The Appellate Division granted Division's petition, without costs or disbursements, and confirmed the Division's determination finding that the Respondent unlawfully discriminated against Plaintiff on the basis of her sex. The Court directed the Respondent to pay the Plaintiff compensatory damages in the principal sum of $75,000 for mental anguish, plus interest at the rate of 9% per year from February 24, 2023, and $24,640.50 for attorneys' fees, plus interest at the rate of 9% per year from February 24, 2023, and to pay the New York State Division of Human Rights the principal sum of $50,000, plus interest at the rate of 9% per year from February 24, 2023, as a civil fine and penalty.

The text of the Appellate Division's decision is set out below:

In the Matter of New York State Division of Human Rights, petitioner

v

Boston Market Corporation, et al., respondents.

Supreme Court of the State of New York, Appellate Division, 

Second Judicial Department

Decided on October 14, 2026

2025-01314, (Index No. 9158/24)

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