Filed Date: May 20, 1980
Closed Date: 1982
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Plaintiff-bank filed suit in New York state court to foreclose on an apartment building owned by Defendant. Defendant filed a motion to remove the case to the U.S. District Court for the Eastern District of New York under 28 U.S.C. 1443(1), alleging that Plaintiff had refused to renegotiate the terms of the mortgage for the building in response to Defendant's complaints to federal and state agencies about Plaintiff's illegal race-based discrimination. The District Court remanded the case to state court, and the Second Circuit affirmed the remand order. Emigrant Sav. Bank v. Elan Management Corp., 668 F.2d 671 (2d Cir. 1982).
Summary Authors
Andrew Nash (6/2/2008)
Buschmann, Albert H. (New York)
Feinberg, Wilfred (New York)
Friendly, Henry Jacob (New York)
Deely, J. Patrick (New York)
Goldweber, Elyse S. (New York)
Last updated Aug. 30, 2023, 1:38 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: May 20, 1980
Closing Date: 1982
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Owner of a building facing foreclosure by Emigrante, allegedly because most of its tenants were non-white.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Emigrant Savings Bank, Private Entity/Person
Case Details
Causes of Action:
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Other Dockets:
New York state trial court CV-80-1381
U.S. Court of Appeals for the Second Circuit 81-07449
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Granted:
Source of Relief:
Issues
Discrimination Basis:
Affected Race(s):