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Brown v. Fire Dept. of the City of New York

Unconstitutional Behavior Not Shown Required by Landlord's Contract With Fire Department

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MEMORANDUM AND ORDER Plaintiffs Henry Brown, Sonya Moyer, Nuria Bryant, Bernice Brown, and Raymond Dorcela bring the instant action against Defendants Marc Blumenfrucht, Chayim Kirschenbaum, Iris Holdings LLC, Iris Holdings NY LLC, Iris Holdings 161 Buffalo LLC, and Black Iris LLC (collectively, “Building Defendants”); Samaritan Daytop Village, Inc.; the City of New York and the Fire Department of the City of New York State (“FDNY”) (“City Defendants”); and Unidentified Fire Department Officers (the “FDNY Officers”).¹ Plaintiffs assert claims against Building Defendants under the Fair Housing Act, 42 U.S.C. §3601 et seq., along with various state law claims. Plaintiffs assert claims for warrantless entry pursuant to 42 U.S.C. §1983 against Building Defendants and the FDNY Officers. Plaintiffs also assert a Monell claim against the City of New York for its alleged failure to train and supervise officers.²Building Defendants and the City Defendants each move pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the amended complaint in its entirety. BACKGROUND³ Plaintiffs are rent-regulated tenants of 161 Buffalo Avenue (“the Building”), a 23-unit apartment building in Brooklyn, New York. (Am. Compl.

1, 11-15, ECF No. 29.) The Building is owned and operated by Defendant Iris Holdings Group, a corporate entity directed and managed by Defendants Blumenfrucht and Kirschenbaum.⁴ (Id.

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