Michael Fonte and Gilda Fonte v. The Board of Managers of Continental Towers Condominium

MESKILL, Circuit Judge:

This is an appeal from a judgment entered pursuant to an order of the United States District Court for the Southern District of New York, Duffy, J, granting defendant’s Fed.R.Civ.P. 12(b)(6) motion to dismiss plaintiffs’ civil rights complaint for failure to state a claim under 42 U.S.C. §§ 1981, 1982 or 3604 (1982).

Gilda Fonte, a black Hispanic woman, sued the Board of Managers of Continental Towers Condominium (the Board) on behalf of herself and her son Michael. At times relevant to this suit, the Fontes resided in an apartment in the Continental Towers building.…