United States Second Circuit

Summary judgment on each of plaintiffs' claims, brought under the Fair Housing Act, the ADA, and the Rehabilitation Act, was erroneous in so far as plaintiff: 1) raised triable issues of fact whether defendant's stated reason for the denial of a special-use permit was a pretext for discrimination; and 2) made a prima facie case of retaliation against two of the defendants.

Appellate Information

• Decided 02/05/2002
• Published 03/27/2002

Judges

• SACK, Circuit Judge., Before: KEARSE, STRAUB, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Leslie A. Lupert,Orans, Elsen & Lupert, LLP, (Simeon Goldman, Disability Advocates, Inc., of counsel), New York, NY, for Plaintiff-Appellant., Jeffrey Oestericher, Assistant United States Attorney for the Southern District of New York, (Mary Jo White, United States Attorney, and Neil M. Corwin and Sara L. Shudofsky, Assistant United States Attorneys, of counsel), for Intervenor-Plaintiff-Appellant.


• For Appellees:
  
• Alex Smith (Robert N. Isseks, of counsel), Middletown, NY, for Defendants-Appellees.