Korova Milk Bar of White Plains v. PRE Properties

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights

New York Law Journal

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Judge Edgardo Ramos

Silverman was principal of PRE Properties, landlord for Korova Milk Bar's tavern. In addition to various state law-based tort claims, Korova alleged racial discrimination violating 42 USC §§1981 and 1982, asserting that PRE sought its eviction because its clientele was primarily black. In addition to twice attempting Korova's eviction, PRE and Silverman allegedly provided false information to police, causing Korova to be raided, leading to a state liquor authority charge for "narcotics at establishment" that was later withdrawn. District court only partly dismissed Korova's complaint, which Korova was not allowed to amend. It could reasonably be inferred that PRE's conduct was motivated by a desire to close Korova because its clientele was predominantly black, adversely affecting Korova's rights under its lease in violation of §1981. However, Korova did not identify any specific contract that PRE prevented it from making. Thus PRE was granted judgment on the pleadings on Korova's §1981 third party contract claim. PRE was denied judgment on the pleadings on Korova's §1982 impaired property rights claim. PRE was granted judgment on the pleadings dismissing Korova's state law-based tort claims.

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