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United States District Court for the Southern District of New York
July 6, 2015, Decided; July 7, 2015, Filed
OPINION & ORDER
NELSON S. ROMÁN, United States District Judge
Plaintiff Tower Properties LLC ("Plaintiff") brings this action pursuant to 42 U.S.C. §§ 1982 and 1983 against Defendants Village of Highland Falls (the "Village") and Mayor Patrick Flynn (the "Mayor"), individually and in his official capacity, asserting violations of its First and Fourteenth Amendment rights, as well as its rights to make and enforce contracts, and to purchase, lease, sell, hold and convey real and personal property. Before the Court are Defendants' motions to dismiss the Second Amended Complaint ("SAC") and to disqualify Plaintiff's counsel. For the following reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. Defendants' motion to disqualify counsel is DENIED.
The following [*2] facts are taken from the SAC unless otherwise noted, and are accepted as true for the purposes of this motion.
Plaintiff, a limited liability company ("LLC") organized under the laws of the State of New York, operated Nicoles catering hall ("Nicoles") located in Highland Falls, New York. At the time Plaintiff fded its SAC, Plaintiff had been operating in Highland Falls for approximately 16 months. Prior to Plaintiff operating Nicoles, another unrelated entity operated a catering hall at the same location for more than ten years. Nicoles' clientele and its employees were predominately African-American and other minorities, and most of its events — weddings, birthdays, and other private parties — catered to African-Americans.
Plaintiff alleges that the Village and the Mayor "intentionally embarked on a continuous policy and practice . . . to harass and shut down Nicoles because of the race of those who c[a]me to Nicoles." (SAC ¶ 1.) Plaintiff's specific allegations are set forth in greater detail below. As of December 31, 2014, Nicoles dismissed all of its employees and is no longer doing business. (See January 12, 2015 Letter of Jeff Feigelson, Docket No. 22.)
1. Statements By Public Officials [*3]
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2015 U.S. Dist. LEXIS 88457 *
TOWER PROPERTIES LLC, d/b/a NICOLES a/k/a NICOLES CATERING HALL, Plaintiff, -against- VILLAGE OF HIGHLAND FALLS and PATRICK FLYNN, individually and as Mayor of the Village of Highland Falls, Defendants.
Subsequent History: Motion granted by Tower Props. LLC v. Vill. of Highland Falls, 2017 U.S. Dist. LEXIS 17822 (S.D.N.Y., Feb. 7, 2017)
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