| Faulkner v 609-611-615 Owner's Corp. |
| 2008 NY Slip Op 02105 [49 AD3d 596] |
| March 11, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mary E. Faulkner, Appellant, v 609-611-615 Owner's Corp., Respondent, et al., Defendants. |
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Sapir & Frumkin LLP, White Plains, N.Y. (William D. Frumkin and Emily A. Roscia of
counsel), for respondent.
In an action, inter alia, to recover damages for housing discrimination based on race, sex, and marital status in violation of Executive Law § 296, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered September 29, 2006, which granted the motion of the defendant 609-611-615 Owner's Corp. for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is affirmed, with costs.
The defendant 609-611-615 Owner's Corp. (hereinafter the defendant), a cooperative corporation, established its entitlement to summary judgment by showing that it did not reject the plaintiff's application to purchase an apartment in a cooperative development in violation of Executive Law § 296, based on the plaintiff's sex, race, or marital status. In opposition, the plaintiff failed to raise a triable issue of fact (see McCarthy v St. Francis Hosp., 41 AD3d 794 [2007]; Cesar v Highland Care Ctr., Inc., 37 AD3d 393, 394 [2007]). Accordingly, the Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint insofar as asserted against it. Lifson, J.P., Ritter, Florio and Carni, JJ., concur.