ELISAU ESTATES v. SCHRAGER


136 Misc.2d 289 (1987)

Elisau Estates, Petitioner, v. Abe Schrager, Respondent.

Civil Court of the City of New York, New York County.

June 17, 1987


Attorney(s) appearing for the Case

Lloyd Neal Merrill for petitioner. Altman & Altman (Frederick Altman of counsel), for respondent.


MARSHALL C. BERGER, J.

This case raises the issue of whether discrimination in the leasing of commercial space in violation of section 296 (5) (b) of the Executive Law is an affirmative defense to a holdover summary proceeding. Here petitioner is a corporation owned by ethnic Chinese while respondent, a white man, owns a liquor store in premises on the fringes of Chinatown which his family has rented since...

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