Puglisi v. Underhill Park Taxpayer Assoc.

• Decision Date: 12 November 1996
• Docket Number: No. 94 Civ. 5754.,No. 93 Civ. 8070(CBM).,93 Civ. 8070(CBM).,94 Civ. 5754.
• Citation: 947 F.Supp. 673
• Parties: John PUGLISI, Plaintiff, v. UNDERHILL PARK TAXPAYER ASSOC., Ron Gallo, Robert DeMeo, Marilyn Morgante, "John Doe" and "Jane Doe," Defendants. John PUGLISI, Plaintiff, v. Richard CARROLL, Individually and as Building Inspector of the Village of Tuckahoe, Matthew A. Marino, Sheila R. Clarke and Jesse Nicotera, Individually and as Members of the Board of Trustees of the Village of Tuckahoe, and Philip A. White, Individually and as Mayor of the Village of Tuckahoe, Defendants.
• Court: U.S. District Court — Southern District of New York

947 F.Supp. 673

John PUGLISI, Plaintiff, v. UNDERHILL PARK TAXPAYER ASSOC., Ron Gallo, Robert DeMeo, Marilyn Morgante, "John Doe" and "Jane Doe," Defendants.

John PUGLISI, Plaintiff, v. Richard CARROLL, Individually and as Building Inspector of the Village of Tuckahoe, Matthew A. Marino, Sheila R. Clarke and Jesse Nicotera, Individually and as Members of the Board of Trustees of the Village of Tuckahoe, and Philip A. White, Individually and as Mayor of the Village of Tuckahoe, Defendants.

No. 93 Civ. 8070(CBM).

No. 94 Civ. 5754.

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

November 12, 1996.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Loren Bailey, Brooklyn, NY, for John Puglisi.

Robert J. Ponzini, Maroney Ponzini & Spencer, Tarrytown, NY, for Underhill Park Taxpayers Association, John Doe, Jane Doe.

Michael A. Miranda, Thurm & Heller, New York City, for Richard Carroll.

OPINION

MOTLEY, District Judge.

I. Background.

This action arises out of a dispute between plaintiff and defendants' Underhill Park Association ("Underhill Defendants") an alleged association comprised of members Ron Gallo, Robert DeMeo, Marilyn Morgante, "John Doe" and "Jane Doe" and defendants' Richard Carroll, individually and as Building Inspector of the Village of Tuckahoe; Matthew A. Marino, Sheila R. Clarke and Jesse Nicotera, individually and as members of the Board of Trustee of the Village of Tuckahoe; and Philip A. White, individually and as Mayor of the Village of Tuckahoe ("Village Defendants"), regarding plaintiffs' premises at 56 Underhill Street in the Village of Tuckahoe, the upkeep of said property and plaintiff's rights concerning the rental of the premises to African American tenants.

Between March, 1991 and July, 1991, plaintiff rented his three family house at 56 Underhill Street, Tuckahoe, New York to three African-American families. He alleges that defendant DeMeo threatened, coerced, and intimidated him by stating to him that plaintiff "should not be renting to niggers because it decreases property value in the neighborhood." Complaint ¶ 12. Thereafter, plaintiff contends that the individual Underhill defendants formed the unincorporated association, Underhill Park Taxpayer Association ("Association"), for the purpose of meeting, combining and conspiring to remove the African-American tenants from plaintiff's house and, hence, the neighborhood. About August, 1991, plaintiff claims that he was invited to attend a meeting of the Association in which each Underhill defendant was present. At the meeting, plaintiff alleges that he was informed of the unanimous opposition by the Association's members to plaintiff's renting to the African American tenants. Plaintiff alleges he was told to evict the African American tenants and was threatened with retaliatory measures if he did not. He states in his complaint that he refused to evict the tenants.

As a result of his refusal, plaintiff alleges that the Underhill defendants conspired to cause false complaints to be filed against him with the Village of Tuckahoe for violating Village codes, laws and regulations. As part of the conspiracy, plaintiff alleges that defendants acting together, jointly and severally, caused a complaint to be filed alleging that he was operating an illegal boarding house and painted or caused to be painted the word "NIGGER" on the front of plaintiff's premises at 56 Underhill Street, Tuckahoe, New York. Plaintiff alleges that defendants' acted with the desire and intention of forcing the eviction and removal of the African American tenants, actions which plaintiff claims are in violation of his right to be free from coercion, intimidation and interference with respect to the exercise of his rights protected by the Federal Fair Housing Act of 1968 and various Civil Rights Acts.

In addition, plaintiff alleges that the Village defendants, through the actions of their agents, employees, or assigns, acting under the color and authority of state law, had knowledge of and combined in the aforesaid conspiracy to force the removal of the African American tenants by harassing plaintiff. Between July 1991 and September 1991, plaintiff claims the Village defendants' or their assigns received complaints from residents of the Underhill Street area that plaintiff had rented his premises at 56 Underhill Street to African Americans. Around this time, defendants' agents or assigns allegedly met with representatives of the Association and were informed of the Association's discontent with the race of the new tenants. He claims that the Village defendants, particularly through defendant Carroll, caused or authorized the various complaints to be filed and, more specifically, the summonses to be issued by the Village of Tuckahoe alleging that plaintiff operated the illegal boarding house.

Plaintiff alleges that because the Village of Tuckahoe and its agents and assigns had knowledge of the Associations' actions and intentions, the Village defendants aided in the conspiracy and retaliatory measures of the Association by neglecting or failing to prevent said actions. Plaintiff argues that his cause of action against the Village defendants arises out of their having acted acting under color and authority of state law to deny him the right to contract and rent his premises free from racial consideration and to deny him equal protection of the laws. Plaintiff alleges that both the Underhill defendants and the Village defendants are, jointly and severally, guilty of depriving him of his civil rights, loss of income, mental anguish, pain and humiliation.

II. Procedural History and Present Status of the Case.

On November 23, 1993, plaintiff commenced an action against defendant, Underhill Park Taxpayer Association, naming as its members, Ron Gallo, Robert DeMeo, Marilyn Morgante, and others unknown to the plaintiff identified respectively as "John Doe" and "Jane Doe", charging them with violating the Civil Rights Acts, as amended, 42 United States Code Sections 1981, 1982, 1985(3); Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. sec. 3601, et seq., ("Fair Housing Act").

On January 20, 1994, plaintiff submitted to the Clerk of the Court a request to enter a default judgment against the Underhill defendants for failure to plead, answer, appear, or make a motion with respect to plaintiff's summons and complaint which plaintiff, by affidavit, states was served on each individual defendant. See Declaration in Support of Default. On January 28, 1994, this court entered a default judgement against the Underhill defendants pursuant to Rule 55(a).¹ By Order, the court then scheduled and later held an inquest on the issue of damages on September 16, 1994.

On August 8, 1994 plaintiff commenced a similar action against Richard Carroll, individually and as Building Inspector of the Village of Tuckahoe, Matthew A. Marino, Sheila R. Clarke and Jess Nicotera, individually and as members of the Board of Trustees of the Village of Tuckahoe and Philip A. White, individually and as Mayor of the Village of Tuckahoe ("Village defendants") charging the defendants with violating the same statutes. On November 15, 1994, the Village defendants submitted a motion requesting a change of venue from this Court² to the Southern District of New York, White Plains Division, on the grounds that each of the named defendants were residents of the Village of Tuckahoe and were sued in their official capacities with the Village of Tuckahoe; that the premises, at 56 Underhill Street, was located in the Village of Tuckahoe; that each of the litigants resided and the cause of action arose in Westchester County, that Tuckahoe was 15 minutes from the White Plains Courthouse; and that the case was originally filed in the White Plains Division of the Southern District but was later transferred to this Court due to the filing of the related action, Puglisi v. Underhill Taxpayers Association, et al., at Foley Square.

This court denied defendants' motion and subsequent motions to transfer venue. Pursuant to the Village defendants' initial motion to transfer the case to the White Plains Division, plaintiff filed a cross-motion for sanctions against defendants for signing and filing the motion to transfer in violation of Rule 11 of the Federal Rules of Civil Procedure³ and requested attorney's fees for having to defend the motion.

On September 29, 1994, the Underhill defendants filed a Motion to Vacate the Default Judgment entered against them, alleging that service was not proper. Finally, on November 23, 1994, this court granted the Underhill Defendants' motion to vacate the default judgement, denied plaintiff's counsel's motion for attorney's fees without prejudice to renewal at the end of the case, consolidated both cases, and set a date for the exchange of documents and for the production of a schedule for depositions of all witnesses.

On September 21, 1994, the Village defendants filed an answer to plaintiff's complaint denying all of plaintiff's allegations, except as to Matthew A. Marino, Sheila R. Clarke and Jesse Nicotera being members of the Board of Trustees of the Village of Tuckahoe, Philip A. White being Mayor of the Village of Tuckahoe, and Richard Carroll being the Building Inspector of the Village of Tuckahoe. Defendants raised several affirmative defenses, including that plaintiff lacked standing to bring the action and failed to set forth facts by which a claim could be made, alleging that defendants acted, with respect to the premises owned by plaintiff at 55 and 56 Underhill Avenue, in accordance with all applicable rules, regulations and mandates of the Constitution and the State of New York and in good faith and in reasonable performance of their official duties. Likewise, on December 2, 1994, the Underhill defendants filed an answer to plaintiff's complaint denying all of plaintiff's allegations and raising the same affirmative defenses as the Village defe...