Richard Schumacher, Patricia Dobberstein. Plaintiff, a publisher of a horse racing newspaper, commenced this action against defendant, New York Racing Association, Inc.
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Also in behalf of the reasons stated, the motion is denied as to the claims brought by Plaintiffs in Counts I and III, but granted as to the remainder of the Complaint.
Additionally, the Court dismisses Sudler Building Services from the case. The following facts are taken from the Plaintiffs' Amended Gripe and will be considered true after the purposes of this motion.
Plaintiffs owned a condominium in the Hollywood Towers building, a —unit building that has a no-pet policy, from to July 28, As a issue, she suffers unpredictable panic attacks amid which she stops breathing. In November , Mary Jo's doctor, Dr. She volunteered to up the dog in a carrier in the public areas of the house, although she alleges that she afterwards realized this would not be accomplishable.
On November 24, , Armenio responded to Mary Jo's e-mail, seeking four items in enjoin to approve the animal. He conjointly told Mary Jo she must burst in and leave result of the north and south entrances to the building as contrasted with of through the main entrance when accompanied by the animal. According to the Complaint, Armenio did not convey Mary Jo or Ralph the keys to the north or south entrances.
He also told Plaintiffs that when they were accompanied by the being, they would be required to misuse the service elevator, which has fixed hours of company man. On November 25, , Mary Jo e-mailed Armenio to let him comprehend that her employment animal, a dog, had arrived.
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