2006 New York Code - Civil Action By Persons Aggrieved By Unlawful Discriminatory Practices.

 
    §  8-502  Civil action by persons aggrieved by unlawful discriminatory
  practices. a. Except as otherwise provided by law, any  person  claiming
  to  be  aggrieved  by  an unlawful discriminatory practice as defined in
  chapter one of this title or by an act of discriminatory  harassment  or
  violence as set forth in chapter six of this title shall have a cause of
  action  in  any  court  of competent jurisdiction for damages, including
  punitive damages, and for injunctive relief and such other  remedies  as
  may  be  appropriate,  unless such person has filed a complaint with the
  city commission on human rights or with  the  state  division  of  human
  rights  with respect to such alleged unlawful discriminatory practice or
  act of discriminatory harassment  or  violence.  For  purposes  of  this
  subdivision, the filing of a complaint with a federal agency pursuant to
  applicable  federal law prohibiting discrimination which is subsequently
  referred to the city commission on human rights or to the state division
  of human rights pursuant to such law shall not be deemed  to  constitute
  the filing of a complaint under this subdivision.
    b. Notwithstanding any inconsistent provision of subdivision a of this
  section,  where  a  complaint  filed  with  the city commission on human
  rights or the state division on human rights is dismissed  by  the  city
  commission on human rights pursuant to subdivisions a, b or c of section
  8-l13  of  chapter  one of this title, or by the state division of human
  rights pursuant to subdivision nine of section two hundred  ninety-seven
  of  the  executive  law  either for administrative convenience or on the
  grounds that such person's  election  of  an  administrative  remedy  is
  annulled,  an  aggrieved  person shall maintain all rights to commence a
  civil action pursuant to this chapter as if no such complaint  had  been
  filed.
    c.  The  city  commission  on human rights and the corporation counsel
  shall each designate a representative authorized to  receive  copies  of
  complaints  in  actions  commenced  in  whole  or  in  part  pursuant to
  subdivision a of this section. Within 10 days after having  commenced  a
  civil  action  pursuant  to subdivision a of this section, the plaintiff
  shall  serve  a   copy   of   the   complaint   upon   such   authorized
  representatives.
    d.  A  civil  action  commenced  under  this section must be commenced
  within three years after the alleged unlawful discriminatory practice or
  act of discriminatory harassment or violence as set forth in chapter six
  of this title occurred. Upon the filing of a  complaint  with  the  city
  commission  on  human  rights  or the state division of human rights and
  during the pendency of such  complaint  and  any  court  proceeding  for
  review  of  the dismissal of such complaint, such three year limitations
  period shall be tolled.
    * e. Notwithstanding any inconsistent provision of this section, where
  a complaint filed with the city commission  on  human  rights  or  state
  division of human rights is dismissed for administrative convenience and
  such  dismissal  is due to the complainant's malfeasance, misfeasance or
  recalcitrance, the three year limitation period on  commencing  a  civil
  action  pursuant  to  this section shall not be tolled. Unwillingness to
  accept  a  reasonable  proposed  conciliation  agreement  shall  not  be
  considered malfeasance, misfeasance or recalcitrance.
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    * e. The provisions of this section which provide a cause of action to
  persons  claiming to be aggrieved by an act of discriminatory harassment
  or violence as set forth in chapter six of this title shall not apply to
  acts committed by members of the police  department  in  the  course  of
  performing  their  official duties as police officers whether the police
  officer is on or off duty.
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    f. In any civil action commenced pursuant to this section, the  court,
  in  its  discretion, may award the prevailing party costs and reasonable
  attorney's  fees.  For  the  purposes  of  this  subdivision,  the  term
  "prevailing"  includes  a plaintiff whose commencement of litigation has
  acted  as  a  catalyst  to  effect  policy  change  on  the  part of the
  defendant, regardless  of  whether  that  change  has  been  implemented
  voluntarily, as a result of a settlement or as a result of a judgment in
  such plaintiff's favor.