Legal Opinion · Dissent

Marine Holdings, LLC v. N.Y.C. Comm'n on Human Rights

Court for the Trial of Impeachments and Correction of Errors

Decided May 8, 2018No. 45Published

1Dissent

GARCIA, J. (dissenting).

***1048Petitioners proved that the requested accommodation-converting a window to a door and installing a ramp-would create an undue hardship. Nothing in the record-certainly no "substantial evidence"-supports the New York City Commission on Human Rights' conclusion to the contrary. Accordingly, I dissent and would affirm the order of the Appellate Division.

Petitioners' tenant is unable to enter or leave her apartment without being carried. She asked petitioners to install a wheelchair-accessible entrance to her unit, and contacted the Commission. Two Commission…

2Cases cited2 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Matter of Marine Holdings, LLC v. New York City Commn. on Human RightsAppellate Division of the Supreme Court of the State of New York · 2016

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