Legal Opinion · Concurring in part, dissenting in part
Giaimo v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1993Published
1Concurring in part, dissenting in part
Ritter, J. (concurring in part and dissenting in part).
I agree that the fifth cause of action, alleging a violation of New York’s Human Rights Law, and the sixth cause of action, alleging a violation of New York’s Civil Rights Law, were properly dismissed for the reasons stated in the majority’s opinion. However, I believe dismissal of the fourth cause of action was premature because the allegations of the complaint, coupled with the plaintiffs’ affidavit submitted in opposition to the defense motion, state a viable claim under the Federal Civil Rights Act of 1866 (42 USC § 1981). I reach…
2Cases cited7 opinions
- Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Smith v. Continental Ins. Corp.District Court, D. New Jersey · 1990
- Brereton v. Communications Satellite Corp.District Court, District of Columbia · 1990
- Carter v. O'Hare Hotel InvestorsDistrict Court, N.D. Illinois · 1989
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