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NEW YORK STATE DIVISION OF HUMAN RIGHTS v. JENKINS

15 A.D.3d 897 (2005)

789 N.Y.S.2d 367

NEW YORK STATE DIVISION OF HUMAN RIGHTS, on Complaint of JOSEPH R. MOYNIHAN and Another and on Behalf of Their Children, RYAN MOYNIHAN and Others, Appellant, v. FRANCIS B. JENKINS et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 4, 2005.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum:

We agree with plaintiff that Supreme Court erred in granting defendants' motion for summary judgment dismissing the complaint inasmuch as there is a material issue of fact whether defendants' alleged nondiscriminatory reasons for denying rental housing to the...

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