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PELTON v. 77 PARK AVE.

38 A.D.3d 1 (2006)

825 N.Y.S.2d 28

DEAN PELTON et al., Respondents, v. 77 PARK AVENUE CONDOMINIUM, Defendant, and JOHN HORVITZ et al., Appellants.

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

November 21, 2006.

Attorney(s) appearing for the Case

Graubard Miller, New York City (Lawrence D. Bernfeld of counsel), for appellants.

Law Offices of Jay J. Gurfein, New York City (Mariam Anwarzai and Jay J. Gurfein of counsel), for respondents.

Snow Becker Krauss P.C., New York City (Marc J. Luxemburg and Daniela Alba of counsel), for Council of New York Cooperatives and Condominiums, amicus curiae.

FRIEDMAN, J.P., WILLIAMS, SWEENY and McGUIRE, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This is an appeal from the denial of summary judgment dismissing the complaint asserting discriminatory practices in violation of the New York City Human Rights Law (NYCHRL), and seeking, inter alia, $23.5 million in compensatory and punitive damages based on an alleged failure to make handicap accessible the residential condominium in which the disabled plaintiff and his wife, also a plaintiff, reside. The appealing defendants...

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