Burris v. Housing and Services Inc. et al

Filing 60

MEMORANDUM OPINION AND ORDER: re: 39 MOTION to Dismiss filed by Housing and Services Inc. The Court has considered all the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, the defendants' motion to dismiss is granted in part and denied in part. Their motion is denied with respect to the plaintiff's discrimination and retaliation claims against HSI under the ADA, the Rehabilit ation Act, and the FHA. Their motion is also denied with respect to the plaintiff's discrimination and retaliation claims against defendant Sara Stolfi under the FHA. The defendants' motion to dismiss is granted with respect to all other cl aims. Those claims are dismissed with prejudice, except the plaintiff's claims challenging her eviction, her New York Real Property Law § 235-b claim, and any racial discrimination claim, which are dismissed without prejudice. Defendants James Dill and Ethan Jamron are dismissed from this case with prejudice. The Clerk of Court is directed to close docket number 39. SO ORDERED., Ethan Jamron terminated. (Signed by Judge John G. Koeltl on 3/18/2019) (ama)