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The former general manager of River House at 435 East 52nd Street, the luxury co-operative apartment building overlooking the East River, filed suit in New York State Supreme Court May 5 against the building and three members of its board of directors after he was dismissed when he revealed he was being treated for depression, according to an article yesterday by Adam Pincus at therealdeal.com.

Mr. Paybrah had been general manager and chief operating officer at River House since 1998 and was dismissed in September 2009 after revealing to management in December 2008 that he was suffering from depression and was being treated with the prescription pill Zoloft, according to court papers, the article said.

The suit is seeking at least $2 million for lost wages and punitive damages, the article said, adding that the building began eviction proceedings in April against Mr. Paybrah, who had a salary of $149,000 a year and a four-room duplex apartment in the building given to him as a portion of his compensation.

Paybrah is also fighting the eviction in housing court.

According to the article, the suit claims the co-op violated both state and city anti-discrimination laws for allegedly firing him over a mental heath issue, and is seeking his reinstatement plus $250,000 in compensatory damages, or in the alternative if he is not reinstated, then not less than $1 million for compensatory damages.

The suit, it continued, is also seeking at least $1 million in punitive damages.

David Mair, a partner at law firm Kaiser Saurborn & Mair, told therealdeal.com that Mr. Paybrah, who is 62, chose to sue under the state and city regulations rather than under the federal Americans with Disabilities Act because of stronger protections for mental health at the local level.
Architecture Critic Carter Horsley Since 1997, Carter B. Horsley has been the editorial director of CityRealty. He began his journalistic career at The New York Times in 1961 where he spent 26 years as a reporter specializing in real estate & architectural news. In 1987, he became the architecture critic and real estate editor of The New York Post.