United States Second Circuit

In an action arising from claims under the Fair Housing Act, dismissal of all of plaintiff's claims is vacated and remanded where: 1) district court erred in dismissing plaintiff's claims as untimely as it considered plaintiff's administrative proceeding no longer "pending", and the two-year filing period no longer tolled, as of the date of a case-closed letter from the N.Y. Division of Human Rights, rather than the final letter from the U.S. Department of Housing and Urban Development notifying her that investigation of her complaint was complete; and 2) plaintiff's disparate treatment claim satisfied the pleading standard of Fed. Rules of Civ. Proc. 8(a).

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• Before:  WINTER, CALABRESI and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sanford I. Weisburst (Jeffrey A. Conciatori, William B. Adams, on the brief), Quinn Emanuel Urquhart Oliver & Hedges, LLP, New York, New York, for plaintiff-appellant.


• For Appellees:
  
• Christopher J. Harrigan (Laurence B. Oppenheimer, on the brief), Hiscock & Barclay, LLP, Buffalo, New York, for defendants-appellees.