Co-ops and Condominiums

In prospective tenant's action for discrimination under the city and state human rights law, managing agent appealed from Supreme Court's denial of its summary judgment motion. The Appellate Division affirmed, holding that summary judgment would have been premature.

The Trump Corporation serves as managing agent for the Trump Plaza Condominium. The owner of the subject unit listed it for lease as "professional space" and, in 2018, Elango, an African-American physician, entered into a lease agreement subject to approval by the condominium board. The board denied the application because the condominium bylaws restricted the unit to residential use. Prospective tenant then brought this action against the managing agent, alleging race-based discrimination. The parties do not dispute that the unit had been used as a medical office between 1993 and 2017. The managing agent, however, sought summary judgment, contending first that the application was rejected for a legitimate reason, and second that the board, and not the managing agent, had made the decision to reject the application. Supreme Court denied the summary judgment motion, and the managing agent appealed.