It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion of defendant to the extent that it sought summary judgment dismissing the claim of negligence premised upon his alleged discrimination against plaintiff, a handicapped person, in violation of the Fair Housing Act (42 USC § 3601 et seq.) and as modified the order is affirmed without costs.
Memorandum:
Plaintiff, a...
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