FINE v. BERMAN (1997)

Supreme Court, Appellate Division, First Department, New York.

Marshall Rian FINE, Plaintiff-Appellant, v. Karen A. BERMAN, et al., Defendants-Respondents.

Decided: April 22, 1997

Before MURPHY, P.J., and MILONAS, MAZZARELLI and ANDRIAS, JJ.

Bradley B. Davis, for Plaintiff-Appellant. Nina Cangiano, for Defendants-Respondents.

Order and judgment (one paper), Supreme Court, New York County (Jane Solomon, J., and a jury), entered on or about December 4, 1995, dismissing the complaint in an action to recover for housing discrimination on the basis of sexual orientation, unanimously affirmed, with costs.

The verdict was supported by evidence that demonstrated that the Board of Directors had valid reasons for not approving plaintiff's application, including his admittedly untruthful answers on his application form, his persistent tardiness in paying rent to his present landlord and his lack of any apparent assets, which were not shown by plaintiff to be a pretext for discrimination (see, Hitter v. Rubin, 208 A.D.2d 480, 481, 617 N.Y.S.2d 730). We have considered plaintiff's other arguments and find them to be without merit.

MEMORANDUM DECISION.

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