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MTR OF BRUNO v. PEMBROOK MGT.

212 A.D.2d 314 (1995)

628 N.Y.S.2d 971

In the Matter of Richard Bruno, Appellant, v. Pembrook Management, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 10, 1995

Attorney(s) appearing for the Case

Terrence Ryan, Suffern (Thomas N. O'Hara of counsel), for appellant.

Kelley, Drye & Warren, New York City (Kenneth Kirschner, Barbara Marden and Charles M. Mattingly of counsel), for Pembrook Management, Inc. and another, respondents.

MILLER, J. P., ALTMAN and FLORIO, JJ., concur.

GOLDSTEIN, J.

At issue here is whether refusing to lease commercial space to a tenant, on the ground that the tenant intends to erect a religious display in the space, constitutes an unlawful discriminatory practice in violation of Executive Law § 296 (5) (b). We hold that it does not.

THE FACTS

Every Christmas season from 1978 through 1984, the petitioner rented space in the Nanuet Mall...

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