Legal Opinion

Bruno v. Pembrook Management, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 1995PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Goldstein, J.

At issue here is whether refusing to lease commercial space to a tenant, on the ground that the tenant intends to erect a religious display in the space, constitutes an unlawful discriminatory practice in violation of Executive Law § 296 (5) (b). We hold that it does not.

THE FACTS

Every Christmas season from 1978 through 1984, the petitioner rented space in the Nanuet Mall to display a Christmas Nativity scene in conjunction with a fireplace promotion. However, by letter dated November 12, 1985, Pembrook Management, Inc. (hereinafter Pembrook), the managing…

2Cases cited10 opinions

  1. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  2. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  3. SHAD Alliance v. Smith Haven MallNew York Court of Appeals · 1985
  4. Koerner v. State of New YorkNew York Court of Appeals · 1984
  5. State Office of Drug Abuse Services v. State Human Rights Appeal BoardNew York Court of Appeals · 1979

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3Cited by6 opinions

  1. Dipilato v. 7-Eleven, Inc.District Court, S.D. New York · 2009
  2. Tesoriero v. Syosset Central School DistrictDistrict Court, E.D. New York · 2005
  3. Camp v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2002
  4. Cornelius v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2001
  5. Bazile v. AcinapuraAppellate Division of the Supreme Court of the State of New York · 1996

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