9. Any person claiming to be aggrieved by an unlawful discriminatory
practice shall have a cause of action in any court of appropriate
jurisdiction for damages, including, in cases of employment
discrimination related to private employers and housing discrimination
only, punitive damages, and such other remedies as may be appropriate,
including any civil fines and penalties provided in subdivision four of
this section, unless such person had filed a complaint hereunder or with
any local commission on human rights, or with the superintendent
pursuant to the provisions of section two hundred ninety-six-a of this
article, provided that, where the division has dismissed such complaint
on the grounds of administrative convenience, on the grounds of
untimeliness, or on the grounds that the election of remedies is
annulled, such person shall maintain all rights to bring suit as if no
complaint had been filed with the division. At any time prior to a
hearing before a hearing examiner, a person who has a complaint pending
at the division may request that the division dismiss the complaint and
annul his or her election of remedies so that the human rights law claim
may be pursued in court, and the division may, upon such request,
dismiss the complaint on the grounds that such person's election of an
administrative remedy is annulled. Notwithstanding subdivision (a) of
section two hundred four of the civil practice law and rules, if a
complaint is so annulled by the division, upon the request of the party
bringing such complaint before the division, such party's rights to
bring such cause of action before a court of appropriate jurisdiction
shall be limited by the statute of limitations in effect in such court
at the time the complaint was initially filed with the division. Any
party to a housing discrimination complaint shall have the right within
twenty days following a determination of probable cause pursuant to
subdivision two of this section to elect to have an action commenced in
a civil court, and an attorney representing the division of human rights
will be appointed to present the complaint in court, or, with the
consent of the division, the case may be presented by complainant's
attorney. A complaint filed by the equal employment opportunity
commission to comply with the requirements of 42 USC 2000e-5(c) and 42
USC 12117(a) and 29 USC 633(b) shall not constitute the filing of a
complaint within the meaning of this subdivision. No person who has
initiated any action in a court of competent jurisdiction or who has an
action pending before any administrative agency under any other law of
the state based upon an act which would be an unlawful discriminatory
practice under this article, may file a complaint with respect to the
same grievance under this section or under section two hundred
ninety-six-a of this article. In cases of housing discrimination only, a
person whose complaint has been dismissed by the division after
investigation for lack of jurisdiction or lack of probable cause may
file the same cause of action in a court of appropriate jurisdiction
pursuant to this section, unless judicial review of such dismissal has
been sought pursuant to section two hundred ninety-eight of this
article. The attorney general shall have the power to commence an action
or proceeding in the supreme court of the state of New York, if, upon
information or belief, the attorney general is of the opinion that an
employer has been, is, or is about to violate the provisions regarding
unlawful discriminatory retaliation pursuant to subdivision seven of
section two hundred ninety-six of this article. Nothing in this section
shall in any way limit rights or remedies which are otherwise available
under law to the attorney general or any other person authorized to
bring an action under this section.