Gutierrez v. McGrath Management Services, Inc.
152 A.D.3d 498
| N.Y. App. Div. | 2017Background
- Plaintiff Glenda Gutierrez, a condominium unit owner at Vista on the Lake, sued the condominium entity (Vista on the Lake, Inc.), its Board, Board VP Francine Belloni (collectively "Vista defendants"), and management company McGrath Management Services ("McGrath").
- Claims: (1) tortious interference with the plaintiff’s lease (against Vista entity and Board); (2) battery (against Belloni); (3) housing discrimination under the Federal Fair Housing Act (against all defendants); (4) defamation (against all defendants).
- Procedural posture: Defendants moved under CPLR 3211(a)(1) and/or (a)(7) to dismiss; the Supreme Court granted the motions in full; plaintiff appealed.
- Key factual allegations: Belloni allegedly grabbed the plaintiff at the condominium pool area after telling her she could not be there due to unpaid maintenance; notices were posted at the complex regarding the plaintiff; plaintiff alleges a pattern of discrimination against her and her family because they are Hispanic.
- The appellate court reviewed dismissal standards for CPLR 3211(a)(7) and documentary-evidence dismissal under CPLR 3211(a)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tortious interference with contract (Vista defendants) | Vista maliciously interfered with plaintiff’s contract with her tenant causing breach | Plaintiff failed to allege an actual breach caused by Vista | Dismissed for failure to state claim — no pleaded breach causally linked to Vista |
| Battery (Belloni) | Belloni physically grabbed plaintiff at pool without provocation or consent | Defendants argued evidence refutes battery or facts insufficient | Claim survives CPLR 3211(a)(7); dismissal on documentary grounds improper |
| FHA housing discrimination (Vista defendants) | Vista excluded plaintiff/family from common-area facilities and engaged in discriminatory pattern based on Hispanic descent | Defendants argued facts insufficient to state FHA claim | Claim adequately pleaded as to Vista defendants at motion-to-dismiss stage |
| FHA housing discrimination (McGrath) | Same as above against McGrath | McGrath argued allegations insufficient against it | Dismissed as to McGrath — pleadings/affidavit insufficient to state FHA claim |
| Defamation (all defendants) | Notices publicly exposed plaintiff to contempt and ridicule | Defendants produced documentary evidence showing notices were true; McGrath not shown to have posted notices | Dismissed as to all: documentary evidence established truth (defense) and complaint did not plead statements for McGrath |
Key Cases Cited
- Leon v. Martinez, 84 N.Y.2d 83 (N.Y. 1994) (standards for CPLR 3211(a)(7) and documentary dismissal)
- Lama Holding Co. v. Smith Barney, 88 N.Y.2d 413 (N.Y. 1996) (elements of tortious interference with contract)
- Boykin v. KeyCorp, 521 F.3d 202 (2d Cir. 2008) (pleading standards for Fair Housing Act discrimination claims)
- Dillon v. City of New York, 261 A.D.2d 34 (1st Dep’t 1999) (defamation elements and truth as absolute defense)
- Schiffer v. Tarrytown Boat Club, 219 A.D.2d 704 (2d Dep’t 1995) (documentary evidence can conclusively refute defamation claim)