317 WEST 89TH STREET LLC v. BELL (2025)

Supreme Court, Appellate Term, New York,

317 WEST 89TH STREET LLC, Petitioner-Cross-Appellant, v. Virginia BELL, Respondent-Appellant, and “John Doe” and “Jane Doe,” Respondents.

570780 /25

Decided: September 18, 2025

PRESENT: Brigantti, J.P., Tisch, James, JJ.

Order (Alberto M. Gonzalez, J.), dated October 8, 2024, insofar as appealed from, affirmed, with $10 costs.

Civil Court properly denied petitioner's motion to strike the jury demand. Respondent Bell's counterclaims for harassment (see Administrative Code of City of New York § 27-2004 [48]), and discrimination pursuant to, among other things, the Fair Housing Act and the State and City human rights laws, are essentially legal, not equitable, in nature and respondent seeks money damages only (see Blackman v Metropolitan Tr. Auth., 225 AD3d 736 [2024]; Miller v Epstein, 293 AD2d 282 [2002]; Schlick v American Bus. Press, 246 AD2d 450 [1998]; Parker Chapin Flattau & Klimpl, LLP v Bamira, 8 Misc 3d 135[A], 2005 NY Slip Op 51209[U] [App Term, 1st Dept 2005]]).

Respondent's appeal from so much of the order as dismissed her second and fourth affirmative defenses is deemed abandoned. Respondent failed to raise any arguments on appeal with respect to that portion of the order (see Gordon v Martel, 238 AD3d 538, 539 [2025]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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