Madison Park Owners Corp. v Andrews
Annotate this CaseDecided on April 13, 2009
Nassau Dist Ct
Madison Park Owners Corp., Petitioner-Landlord
against
Amy Andrews, Respondent-Tenant Michael Andrews and Robert Andrews Respondent-Undertenants
SP 112/08
CC:Deirdre A. Nicolle, Esq.
350 Fifth Avenue, 59th Floor
New York, NY 10118
Attorney for Petitioner
Barry L. Warren, Esq.
Cohen & Warren, PC
80 Maple Avenue
PO Box 768
Smithtown, NY 11787
Attorney for Respondents
Scott Fairgrieve, J.
This summary proceeding was instituted by Petitioner Madison Park
Owners Corp. with the filing of the petition on August 22, 2008. Thereafter, on September 2,
2008, the Respondents filed their answer, alleging various affirmative defenses and
counterclaims. Among these allegations were claims of discrimination in violation of Human
Rights Law §296, purportedly based on Respondent Amy Andrews' disability.
On the same day, September 2, 2008, Respondents simultaneously filed a complaint
with the New York State Division of Human Rights (NYSDHR), as well as a civil suit in Nassau
County Supreme Court, alleging the same discriminatory violations.
On December 16, 2008, by order for Justice William R. LaMarca, the Supreme
Court dismissed the civil suit on the basis that the court lacked subject matter jurisdiction
because the same claims were pending with the NYSDHR.
Petitioner thereafter moved in this Court on March 4, 2009, to dismiss Respondents'
fourth and fifth affirmative defenses and second, third and fourth counterclaims on the basis that
they constitute the same discriminatory claims pending with the NYSDHR and as such, this
Court also lacks subject matter jurisdiction to hear these claims. Respondents oppose the motion.
It should be noted that while the instant motion has been pending, the NYSDHR
rendered its decision concerning the discrimination alleged by Respondents herein. On March
31, 2009, the NYSDHR dismissed the complaint for lack of probable cause.
With respect to the election of remedies for human rights claims, HRL §297(9)
states:
"Any person claiming to be aggrieved by an unlawful discriminatory practice shall
have a cause of action in any court of appropriate jurisdiction... unless such [*2]person had filed a complaint hereunder or with any local
commission on human rights... provided that, where the division has dismissed such complaint
on the grounds of administrative convenience, on the grounds of untimeliness, or on the grounds
that the election of remedies is annulled, such person shall maintain all rights to bring suit as if
no complaint had been filed with the division.... No person who has initiated any action in a
court of competent jurisdiction...may file a complaint with respect to the same grievance under
this section" (emphasis added).
This provision of HRL undisputably
creates an election of remedies that are mutually exclusive. A person discriminated against has
the right to bring the matter to a court with jurisdiction to award appropriate relief, but they
cannot if they have already chosen the administrative remedy. In the alternative, they cannot
choose the administrative remedy if they have already gone to court. (See Orendorff v.
Benevolent and Protective Order of Elks Lodge No. 96, 195 Misc 2d 53, 753 NYS2d 703
(Sup. Ct. Oneida County 2003); Legg v. Eastman Kodak Co., 248 AD2d 936, 670
NYS2d 291 (App. Div. 4th Dep't 1998); Ramos v. New York City Police Dep't, 127
Misc 2d 872, 487 NYS2d 667 (Sup. Ct. Special Term New York County 1985); West v.
Technical Aid Corp., 111 Misc 2d 23, 443 NYS2d 318 (Sup. Ct. Special Term Nassau
County 1981); State Div. of Human Rights on Complaint of Davey v. Commissioner of New
York State Dep't of Civil Service, 57 AD2d 699, 395 NYS2d 774 (1977); State Div. of
Human Rights on Complaint of Fitzhugh v. Monroe, 88 Misc 2d 16, 386 NYS2d 317
(1976); Jeter v. New York City Dep't of Edu., 549 FSupp2d 295 (EDNY 2008);
Johnson v. County of Nassau, 411 FSupp2d 171 (EDNY 2006); Jiminez v.
Southridge Co-op., Section I, Inc., 626 FSUPP 732 (1985)).
It is clear that where the complainant has already filed a complaint with a local
commission such as the NYSDHR, that party no longer has a cause of action concerning the
same matter in court. However, it is unclear how HRL §297(9) applies when the same
claims are interposed simultaneously with the NYSDHR and as counterclaims in a
pre-existing summary proceeding.
The statute prohibits a party who "has initiated any action in a court of competent
jurisdiction" from filing a complaint with a local commission on human rights. Though this
summary proceeding was brought prior to the filing of a complaint with the NYSDHR, the
Respondents herein did not institute this action. Rather, Respondents only alleged claims of
discrimination as counterclaims to defend against this action. The discrimination claims were not
interposed until September 2, 2008, the very same day the claims were interposed with the
NYSDHR.
Had Respondents intended to elect the Landlord-Tenant court as their preferred
forum for litigating the discrimination claims, they would not have simultaneously filed a
complaint with the NYSDHR alleging the same claims. Therefore, when Respondents filed with
the NYSDHR, they elected to litigate the discrimination claims in that forum.
[*3]
As the Respondents elected the NYSDHR as
their preferred forum for litigating the discrimination claims, this Court is divested of subject
matter jurisdiction to hear them. Furthermore, in electing the NYSDHR as the appropriate forum,
the Respondents are bound by the NYSDHR's decision of March 31, 2009. The NYSDHR's
dismissal of the complaint was based on the merits and therefore neither does this Court obtain
subject matter jurisdiction under any of the three exceptions noted in HRL §297(9).
Accordingly, Respondents' fourth and fifth affirmative defenses and second, third and fourth
counterclaims are hereby dismissed.
So Ordered:
/s/ Hon. Scott Fairgrieve
DISTRICT COURT JUDGE
Dated: April 13, 2009
SF/kgv
CC:Deirdre A. Nicolle, Esq.
350 Fifth Avenue, 59th Floor
New York, NY 10118
Attorney for Petitioner
Barry L. Warren, Esq.
Cohen & Warren, PC
80 Maple Avenue
PO Box 768
Smithtown, NY 11787
Attorney for Respondents
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