Favourite v. 55 Halley St., Inc.

• Decision Date: 23 May 2019
• Docket Number: No. 16-cv-4285(NSR),16-cv-4285(NSR)
• Citation: 381 F.Supp.3d 266
• Parties: Rayantha FAVOURITE, Plaintiff, v. 55 HALLEY STREET, INC., the Board of Directors of 55 Halley Street, Inc., and Diane Currenti and Doris Basilone, Defendants.
• Court: U.S. District Court — Southern District of New York

381 F.Supp.3d 266

Rayantha FAVOURITE, Plaintiff,

v.55 HALLEY STREET, INC., the Board of Directors of 55 Halley Street, Inc., and Diane Currenti and Doris Basilone, Defendants.

No. 16-cv-4285(NSR)

United States District Court, S.D. New York.

Signed May 23, 2019

Ralph J. Elefante, Elefante & Persanis, LLP, Eastchester, NY, for Plaintiff.

Jonathan Kolbrener, Braverman Greenspun, P.C., New York, NY, for Defendant.

OPINION & ORDER

NELSON S. ROMÁN, United States District Judge

Plaintiff Rayantha Favourite ("Plaintiff" or "Favourite") commenced this action on or about June 9, 2016 against 55 Halley Street, Inc. and its Board of Directors (the "Board"), and Diane Currenti ("Currenti") and Doris Basilone ("Basilone") in their individual and board member capacity. (Complaint, ECF No. 5.) Plaintiff asserts fifteen (15) causes of action, including six (6) federal claims sounding, inter alia , in discrimination arising out of events concerning her residence at 55 Halley Street, Yonkers, NY. (Id. ) Plaintiff seeks monetary and injunctive relief, including a court order preventing 55 Haley Street, Inc. from terminating her rights to cooperative shares and a proprietary lease to apartment 7C at 55 Haley Street, Yonkers, NY. (Id. ) Presently before the Court is Defendants' motion for summary judgment. (Defs.' Mot. for Summ. J., ECF No. 39.) For the following reasons, Defendants' motion is GRANTED.

BACKGROUND

The following facts are derived from the parties' respective Local Rule 56.1 statements, pleadings, and a review of the record.

Plaintiff is the owner of cooperative shares of 55 Haley Street, Inc. and the lease holder to 55 Haley Street, Apartment 7C, Yonkers, NY. (ECF No. 40, Affidavit of Jonathan Kolbrener ("Kolbrener Aff.") Ex. 3, Deposition of Rayantha Favourite ("Favourite Dep. Tr.") at 27-28.) The cooperative building has fifty-three (53) apartments. (Kolbrener Aff., Exh. E, Barbara Kehoe Deposition ("Kehoe Dep. Tr.") at 69,70.) Apartment 7C is a two-bedroom unit located on the top, seventh floor of the building. (Favourite Dep. Tr at 26, 27, 29.)

Plaintiff is black and of Guyanese descent. (Id. at 9.) There are other residents of color in the building. (Favourite Dep. Tr. 81: 21-23.) Plaintiff moved into Apartment 7C in 2007. (Favourite Dep. Tr. at 27-28.) Shortly after moving into her apartment, Defendant Basilone asked her in a degrading manner, "How can you afford to live here?" (Favourite Dep. Tr. 78:24-25-79:1-5.) It is uncontested that Plaintiff has a proprietary lease applicable to her apartment. (Kolbrener Aff., Ex. H ("Proprietary Lease"); ECF No.35, Affidavit of Ralph J. Elefante in Opposition to Motion for Summary Judgment ("Elefante Aff."), Ex. 4, Affidavit of Rayantha Favourite ("Favourite Aff.") ¶ 2.). Because Plaintiff purchased the apartment from the sponsor, there was no need for a board interview. (Favourite Dep. Tr. at 29.) Plaintiff was employed as a dancer. (Favourite Dep. Tr. 18:1-25; 21:22-25-22:1-10.)

In March 2008, Defendant Currenti purchased Apartment 6C at 55 Haley Street and moved into the apartment with her adult daughter Danielle Currenti ("Danielle"). (ECF No. 42, Affidavit of Diane Currenti ("Currenti Aff.") ¶ 2.) Currenti's apartment, 6C, is located directly below the Plaintiff's apartment. (Favourite Dep. Tr. 31:21-25-32:1-15). Also, in March 2008, an employee for Prime Locations, Inc., the property manager of the building at the time, sent Plaintiff a letter asking her to refrain from playing loud music in her car while in the parking lot and asking her to center her car properly in her parking space. (ECF No. 41, Affidavit of Doris Basilone ("Basilone Aff.") Ex. 5, at 2.)

Roughly six (6) months after Defendant Currenti moved in, she began to complain about what she described as excessive noise and marijuana odors emanating from Plaintiff's apartment. (Currenti Aff. Ex. 2, at 2.) Defendant Currenti wrote forty-eight (48) complaint letters between September 4, 2008 and January 4, 2016 to various members of the cooperative Board and to the building manager. (Id. at 2-53.) Defendant Currenti complained that Plaintiff "sits in her car in front of the building" with various people driving up to her car, talking then leaving until another car arrives." (Id. at 2.)

On September 16, 2008, the assistant property manager for the building, Kenyatta Smith-Jackson, wrote Plaintiff a letter stating that it had come to her attention that the tenant in 7C was "causing constant noise disturbances for those who live around them." (Currenti Aff. Ex. 3, at 4.) Jackson referenced the cooperative House Rules prohibiting disturbing noises in the building. (Id. ) The House Rules also require the carpeting of most floors. (Id. ) The Board eventually verified that Plaintiff was in compliance with the carpeting rule. (Elefante Aff. Ex. 1, Basilone Dep. Tr. 54: 1-12.)

On November 5, 2008, Plaintiff wrote to Smith-Jackson requesting a meeting with the Board to address "harassment, slander and deformation[sic] of my character." (Currenti Aff. Ex. 3, at 5-6.) On January 5, 2009, John Janis ("Janis") of Stillman Management, the building's new management company, sent Plaintiff a letter advising her that management had received a letter from Currenti's attorney reiterating the complaints about excessive noise coming from the apartment. The letter requested that Plaintiff contact management about setting up an apartment inspection to ensure that she followed the House Rules regarding carpeting. (Basilone Aff. Ex 5, at 7.)

At some point thereafter, Plaintiff wrote an undated letter complaining of "harassment" and that Defendant Currenti was knocking on Plaintiff's floor (Defendant Currenti's ceiling) causing Plaintiff's belongings and personal property to fall over.¹ (Id. at 8.) On January 15, 2009, Janis wrote to Defendant Currenti, asking her to refrain from banging on the ceiling and to contact him so the dispute could be settled amicably. (Id. at 9.) At around this time, the Board's then president, Barbara Kehoe ("Kehoe"), initiated an investigation into Defendant Currenti's complaints about Plaintiff.² Two Yonkers Police Department Detectives observed Plaintiff from outside the building on the street at different times over the course of two days. (Kolbrener Aff. Ex. 5, Deposition of Non-Party Witness Barbara Kehoe ("Kehoe Dep. Tr.") 53:6-25; 55:21-24). However, the detectives told Kehoe they did not observe any behavior out of the ordinary or illegal. (Kehoe Dep. Tr. 55:5-20). They simply found that Plaintiff came home late at night. (Id. )

On March 13, 2009, Plaintiff wrote to the building management, stating she was unaware of any reason Defendant Currenti would have cause for complaint and reiterated her complaints about Defendant Currenti. (Basilone Aff. Ex. 5, at 12.) Janis replied that he was sorry to hear that the problem was continuing and that he would pass her email along to the Board. (Id. )

On April 14, 2009, management sent a letter to Plaintiff about the level of noise emanating from her apartment.³ (Basilone Aff. Ex. 5, at 13.) On April 19, 2009, Plaintiff wrote to Stillman Management that Defendant Currenti was knocking on her floor and making lots of noise for no apparent reason.⁴ (Basilone Aff. Ex. 5, at 12.) On April 24, 2009, Janis sent a letter to both Defendant Currenti and Plaintiff Favourite stating that the co-operative strongly urged unit owners and residents to resolve their issues by participating in mediation. (Id. at 14). The co-operative encouraged both parties to contact the Westchester County Mediation Center to make an appointment for mediation services. (Id. )

On May 20, 2009, Defendant Currenti and Plaintiff signed a mediation agreement. (Elefante Aff. Ex. 6, at 2.) Among other things, the agreement stated that the parties have resolved their dispute and agreed to a full and final settlement of all issues in the case. (Id. ) Both Plaintiff Favourite and Defendant Currenti agreed to "respect one another's lifestyles and schedules." (Id. ) They agreed to call each other directly in the event of unusual or disturbing noise at any time and if either party received a letter or notice about the other from the building's management, they agreed to call each other directly and resolve the issue. (Id )

In March 2011, Kehoe left the Board and Defendant Basilone became the new president. (Basilone Aff. ¶¶ 2-3; Kehoe Dep. Tr. 127:20-22.) On November 24, 2012, an altercation occurred in the hallway of the building. (Basilone Aff. Ex. 5, at 23-24.) Defendant Currenti claims that Plaintiff cornered Danielle in the elevator and started cursing at her. (Basilone Aff. Ex. 5, at 5.) Defendant Currenti was not in the building at the time of the incident but telephoned Defendant Basilone and asked her to intervene. (Elefante Aff. Ex. 1, Deposition Transcript of Doris Basilone ("Basilone Dep. Tr."), 88: 1-15.) When she arrived, Basilone placed herself between the Plaintiff and Danielle in order to prevent the Plaintiff from attacking Danielle. (Basilone Aff. ¶ 6.)

Kehoe, the former president of the Board, also observed the incident and testified that she saw Plaintiff cornered by the elevator and surrounded by Defendant Basilone, Marilyn Marinelli ("Marinelli") of apartment 6D, Danielle, and a man named Jake. (Kehoe Dep. Tr. 77:1-25.) Kehoe noted the individuals were yelling at Plaintiff and would not let her pass. (Id. ) Kehoe saw Defendant Basilone push Plaintiff with her hand and hold her in a threatening manner by the shoulder. (Kehoe Dep. Tr. 78:7-10). Kehoe also testified, that at a different time, Defendant Basilone stated: "she couldn't deal with her super any longer" because he was "big, and he was black, and he scared her." (Kehoe Dep. Tr. 32:6-10; 32:15-16).

A review of the Board meeting minutes by Defendant Basilone indicates that there were no complaints made of the Plaintiff between August 2009 through April 2, 2013. (Basilone Dep. Tr. 137:12-17.) There were no also no complaints made by Defe...