DECISION JUDGMENT
ADJUDGED that the petition is granted, on the law, without costs or disbursements, to the extent of annulling that portion of the determination which directed that the petitioner to pay $100,000 to the respondent Marie C. Capria Gordineer; the determination is otherwise confirmed, the petition and cross petition are otherwise dismissed on the merits, and the matter is remitted to the New York State Division of Human Rights for the imposition of a new award for mental anguish not to exceed $50,000.
While the finding that the petitioner discriminated against the respondent on the basis of sex is supported by substantial evidence in the record (see, City of New York v. State Div. of Human Rights, 70 N.Y.2d 100), the award of compensatory damages is excessive. The testimony of the respondent Marie C. Capria Gordineer established that she suffered mental anguish which manifested itself physically as irritable bowel syndrome and amenorrhea. Her doctor's testimony provided some support for the assertion that the conditions were related to stress caused by the petitioner's discriminatory practices. However, the record also indicates that the irritable bowel syndrome could have been a preexisting condition. Consequently, an award up to $50,000 is consistent with the record (see, Matter of Town of Lumberland v. New York State Div. of Human Rights, 229 A.D.2d 631; Gleason v. Callahan Indus., 203 A.D.2d 750).