Condos—Trump Palace—Alleged Racial Discrimination and Fraudulent Misrepresentation—Doctor's Attempt To Lease Unit—Alleged Fraudulent Advertisement That Space Could Be Used as Medical Space—Allegation That Lease Application Was Rejected Based On Defendant's Race—Motion for Summary Judgment Denied and Granted In Part—Judgment Denied As To Misrepresentation, Concealment and Racial Discrimination Claims—Questions of Fact Remain—Claims for Aiding and Abetting Fraudulent Misrepresentation and Concealment Dismissed—Failure To Demonstrate Required Substantial Assistance and Deceptive Acts and Practices and False Advertising Under NY General Business Law—Caveat Emptor Defense Rejected

A plaintiff asserted "racial discrimination and fraudulent misrepresentation" claims involving the plaintiffs' effort to lease a unit at the subject condominium. The defendants included the condominium, the condominium's board of managers (board), a brokerage firm (broker) and an individual broker. The condominium defendants and the broker defendants moved for summary judgment dismissing all causes of action.

The plaintiff is an "African American physician and the owner" of the plaintiff entity. The plaintiffs had engaged "A" as a broker to find new medical space, with an "intended move-in date on March 1, 2018." Although plaintiffs lacked a new lease by Jan. 16, 2018, they had advised their prior landlord that they had anticipated moving out by around Feb. 16, 2018. At about the same time, "A" advised the plaintiffs of the listing of the subject office space (office space).