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FLETCHER v. DAKOTA, INC.

6630.

99 A.D.3d 43 (2012)

948 N.Y.S.2d 263

2012 NY Slip Op 5338

ALPHONSE FLETCHER, JR., et al., Respondents, v. THE DAKOTA, INC., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 3, 2012.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Christine H. Chung , Jake M. Shields and Maaren A. Choksi of counsel), and Balber Pickard Maldonado & Van Der Tuin, PC, New York City ( John Van Der Tuin of counsel), for appellants.

Vladeck, Waldman, Elias & Engelhard, P.C., New York City ( Milton L. Williams, Jr. and Maia Goodell of counsel), and Kasowitz, Benson, Torres & Friedman LLP, New York City ( Marc E. Kasowitz , David E. Ross , Trevor J. Welch and Kanchana Wangkeo Leung of counsel), for respondents.

MAZZARELLI, J.P., SAXE, CATTERSON and ROMÁN, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.

Plaintiff Alphonse Fletcher, Jr., an African-American resident of defendant coop the Dakota, alleges that the Dakota and, as relevant to this appeal, two of its directors (defendants Barnes and Nitze) discriminated against him, inter alia, on the basis of race in refusing to approve his purchase of an apartment adjacent to one he owns for the purpose of combining the two. According...

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