REINACH v. WISEHART

Upon review of the record, we find that the evidence supports the jury's finding that defendant terminated plaintiff's employment because of plaintiff's sabbath observance in violation of Executive Law § 296 (10) (see, Matter of Schweizer Aircraft Corp. v. State Div. of Human Rights, 48 N.Y.2d 294), and that the award of $12,500 for mental anguish does not deviate materially from what would be reasonable compensation (compare, Kelley v Analytab Prods., 204 A.D.2d 113). Nor did the after-acquired evidence of plaintiff's resume fraud entitle defendant to judgment as a matter of law (see, Moodie v. Federal Reserve Bank, 831 F. Supp. 333, 336).

We have considered defendant's other arguments and find them to be without merit.

Concur — Ross, J.P., Asch, Rubin, Nardelli and Tom, JJ.