Stewart v. ARC Development LLC

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered August 22, 2014, which, in this action alleging race-based discrimination in housing, granted defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff previously filed a complaint with the New York State Division of Human Rights (DHR), which was dismissed upon a finding of “no probable cause.” Therefore, the subject complaint is barred by the election of remedies provision contained in Executive Law § 297 (9) (see Matter of East Riv. Hous. Corp. v New York State Div. of Human Rights, 116 AD3d…