Monday, January 6, 2014

Kramarsky v. Stahl Management case brief

Kramarsky v. Stahl Management case brief summary
401 N.Y.S.2d 943 (1977)

CASE SYNOPSIS
Petitioner filed an application for an order enjoining respondents from selling, renting, leasing, or otherwise disposing of an apartment to anyone other than petitioner until final determination of a complaint against respondent management now pending before the State Division of Human Rights.

CASE FACTS
Petitioner filed an application to show cause for an order enjoining respondents from selling, renting, leasing, or otherwise disposing of an apartment to anyone other than petitioner until final determination of a complaint against respondent management now pending before the State Division of Human Rights. The application was based upon a complaint of discrimination by applicant, a black divorced woman, who contended that defendant management unlawfully discriminated against her by refusing to rent an apartment because of her race, sex, and marital status. Respondent management contended, however, that the application indicated that petitioner, an attorney, would be an undesirable tenant.

DISCUSSION

  • The court held that there was nothing illegal in a landlord discriminating against lawyers as a group, or trying to keep out of his building intelligent persons who were aware of their rights and might cause trouble in the future. 
  • The court was not persuaded that there was a reasonable likelihood that the charge of discrimination could be sustained. 
  • Accordingly, the court denied the application and vacated the temporary restraining order.

CONCLUSION
The court denied petitioner's application for an order enjoining respondents from selling, renting, leasing, or otherwise disposing of an apartment to anyone other than petitioner until final determination of a complaint against respondent management. The court was not persuaded that there was a reasonable likelihood that the charge of discrimination against respondent management could be sustained.

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