City of New York v Arlene M. Tropp 2002 Revocable Trust

Holding The Appellate Division affirmed the denial of the defendants’ motion for summary judgment because they failed to eliminate triable issues of fact regarding zoning compliance and the applicability of reasonable accommodation claims. The court found that the defendants’ disability-based arguments did not address all alleged violations and failed to demonstrate the absence of material facts regarding selective enforcement.

The court’s words

The defendants' motion and submissions failed to eliminate triable issues of fact regarding whether the subject premises was in compliance with, inter alia, the New York City Zoning Resolution and the New York City Building Code.

2026 NY Slip Op 06090, at the official text

such request related only to some of the alleged violations and failed to address the remaining violations alleged in the complaint and, in any event, the defendants' submissions failed to demonstrate the absence of material facts with regard to Tropp's entitlement to the requested accommodation

2026 NY Slip Op 06090, at the official text