Brigham Park Cooperative Apartments Section No. 2, Inc. v. Krauss

No opinion. Christ, Acting P. J., Rabin, Munder and Nolan, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to deny plaintiff’s motion for summary judgment, with the following memorandum: I think there is a triable issue as to whether the rule of the Board of Directors of plaintiff co-operative housing corporation against dogs being kept in the premises is being enforced in a consciously discriminatory manner by applying it to defendant while not applying it to seven other tenants, including two officers of the corporation. If defendant can so establish, he would seem…