Summary
holding premises superintendent individually liable for violating the FHAA
Summary of this case from Hernandez v. Golf Course Estates Home Owners Ass'nOpinion
09 CV 2857 (RJD) (RER)
05-29-2012
AURELIO MILLER, Plaintiff, v. 270 EMPIRE REALTY LLC; MALEK MANAGEMENT LLC; MALEK MANAGEMENT 1 CORP.; WALTER CARILLO, in his individual and official capacity; MICHAEL MALEK, JR., in his individual and official capacity; JOHANA RIVERA, in her official and individual capacity, Defendants.
ORDER
DEARIE, District Judge.
Plaintiff Aurelio Miller alleges that his landlord and superintendent discriminated against him for being HIV positive. In an April 6, 2012 Report and Recommendation, Magistrate Judge Ramon Reyes, Jr. recommended denying defendants' motions for summary judgment on all but one claim. ECF Docket # 65. Defendants filed objections, and plaintiff urged adoption of the entire report. ECF Docket # 67-68, 70. Having reviewed the motion papers and Magistrate Judge Reyes's careful analysis, the Court adopts the Report and Recommendation.
The record reflects sufficient evidence to state a prima facie retaliation claim and avoid summary judgment.
Carillo's motion for summary judgment on counts 1, 2, 3, 4, 5, 11, 12, 15, and 19 is denied. The Court grants Carillo's motion for summary judgment on count 16. As to the Malek defendants, the Court denies summary judgment on all counts. The parties' proposed pretrial order will be deemed amended consistent with this order. The parties are directed to appear before the undersigned for a pretrial conference on June 13, 2012 at 11:00 a.m. in courtroom 10 A-S. SO ORDERED. Dated: Brooklyn, New York
May 29, 2012
Judge Raymond J. Dearie
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RAYMOND J. DEARIE
United States District Judge