X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM ORDER Annabelle Charlier (“Plaintiff”) brings this action against 21 Astor Place Condominium (the “Condominium”), Residential Management Group, LLC d/b/a Douglas Elliman Property Management (“Douglas Elliman”) (together with the Condominium, the “Employer Defendants”), the Board of Managers of 21 Astor Place Condominium (“Board of Managers”), William Ribbecke, in his capacity as President of the Board of Managers (“Mr. Ribbecke”) (together with the Board of Managers, the “Non-Employer Defendants” (together with the Employer Defendants, the “Condo Defendants”)), and Ricardo Proverbs, individually (“Mr. Proverbs”), asserting twelve claims of sex-based discrimination, retaliation, aiding and abetting, and interference under the Fair Housing Act (“FHA”), 42 U.S.C. §3604 et seq., the New York State Human Rights Law (“NYSHRL”), N.Y. EXEC. LAW §296 et seq., and the New York City Human Rights Law (“NYCHRL”), N.Y.C. ADMIN. CODE §8-107 et seq., against all Defendants, as well as common law claims for intentional infliction of emotional distress against Mr. Proverbs only1 and negligence against the Employer Defendants. (Docket entry no. 1 (the “Complaint”).) The Court has jurisdiction of this action pursuant to 28 U.S.C. sections 1331 and 1367. The Condo Defendants have moved to dismiss this complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure.2 (Docket entry no. 42 (the “Motion”).) The Court has considered the parties’ submissions carefully and, for the following reasons, the Condo Defendants’ motion is granted in part, and denied in part. BACKGROUND Unless otherwise noted, the following summary is drawn from the Complaint, all well-pleaded allegations of which are presumed true for the purposes of this motion practice. Within one month after Plaintiff moved into the 21 Astor Place Condominium in April 2021, Mr. Proverbs, who worked as the “doorman/concierge” of the Condominium, targeted Plaintiff with sexually charged remarks. (Complaint 27.) Plaintiff alleges that Edward Hernandez,3 the building manager supervisor,4 often and repeatedly observed Mr. Proverbs’ behavior, which continued almost daily until late June 2021. (Id.

27, 30, 33.) Mr. Proverbs eventually escalated his behavior, routinely visiting Plaintiff’s apartment unannounced and, on multiple occasions, entering her apartment uninvited and remaining there for hours. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

The University of Kentucky (UK) seeks a strategic and collaborative leader with a distinguished scholarly profile to serve as the next Dean ...


Apply Now ›

parkingticket.com is the world-leader in local, municipal compliance. Whether it be a food delivery, or a fine bottle of wine being delive...


Apply Now ›

The Partners Group is currently recruiting a VP of Legal for our burgeoning client, a real estate investment firm in Atlanta, GA. The firm h...


Apply Now ›