AEGiS-AP: NY Court Won't Hear Appeal In Yankees Gay-Bashing Lawsuit

Important note: Information in this article was accurate in 2003. The state of the art may have changed since the publication date.

NY Court Won't Hear Appeal In Yankees Gay-Bashing Lawsuit

Associated Press - December 22, 2003

ALBANY, N.Y. (AP)--The state's highest court on Monday ended a case in which a New York Yankees' clubhouse worker accused the team and some of its players of gay bashing, physical abuse and playing cruel practical jokes.

The Court of Appeals declined to hear an appeal sought by Paul Priore, who sued the Yankees and three players in state Supreme Court in the Bronx in 1998, each for $50 million.

Priore contended that after he began working for the team as an assistant equipment manager in 1996, several players made anti-gay remarks and played cruel pranks on him because of his sexual orientation. He also claimed he was fired in August 1997 because he was HIV-positive.

"I'm shocked," said Priore's lawyer, Edward J. Pavia Jr. He said the Yankees knew of the harassment, contrary to the appellate division's finding. Pavia also said that even if the club didn't know, the players should have faced the lawsuit separately, with his client claiming they violated the city human-rights laws.

Pavia said he will examine whether he could pursue the case in federal courts.

Priore made $30 a day as a clubhouse worker, according to court papers.

His suit named the Yankees, relief pitchers Mariano Rivera and Jeff Nelson and former reliever Bob Wickman as defendants. Wickman is now with the Cleveland Indians and Nelson is a free agent.

In May, the state Supreme Court's Appellate Division unanimously reversed a lower court ruling that let most of Priore's claims survive for trial.

The court Monday gave no reason for deciding not to hear Priore's appeal.

The Yankees had said Priore was fired largely because they believed he stole players' worn T-shirts, baseballs and broken bats that were to be thrown away.

The Appellate Division had ruled there was no evidence that team officials knew that Priore had the AIDS virus. Even the team dentist that had treated Priore didn't know he was HIV positive and Priore never complained to management about any harassment, the court stated.

State law doesn't hold employers liable for bias by employees who act without the knowledge or consent of the employer.

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