Case: Stern v. Resnick

7:99-cv-10053 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 28, 1999

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On September 28, 1999, Angela Stern, the owner of a Chinese restaurant in the Village of Mount Kisco, New York, filed a lawsuit in the U.S. District Court for the Southern District of New York, seeking an injunction to stop her eviction. Plaintiff alleged that her landlord, at the request of officials for the Village of Mount Kisco, attempted to evict her and shut down her restaurant because she had altered the menu to attract a Latino clientele. This was one of an alleged series of illegal …

On September 28, 1999, Angela Stern, the owner of a Chinese restaurant in the Village of Mount Kisco, New York, filed a lawsuit in the U.S. District Court for the Southern District of New York, seeking an injunction to stop her eviction. Plaintiff alleged that her landlord, at the request of officials for the Village of Mount Kisco, attempted to evict her and shut down her restaurant because she had altered the menu to attract a Latino clientele. This was one of an alleged series of illegal measures taken by Mount Kisco to force Hispanic immigrants from its community.

On October 18, 1999, the District Court (Judge Colleen McMahon) issued a preliminary injunction enjoining eviction proceedings.

The parties then reached a confidential settlement. The Court entered a stipulation and order of discontinuance on September 5, 2000, advising that any further motion to enforce the settlement agreement or underlying lease agreement would need to be brought by way of a separate action.

Summary Authors

Dan Dalton (11/8/2007)

Related Cases

The Mount Kisco Worker’s Project v. The Village/Town of Mount Kisco, Southern District of New York (1996)

Melchor v. The Village/Town of Mount Kisco, Southern District of New York (1997)

Stern v. The Town of Mount Kisco, Southern District of New York (2005)

People


Judge(s)

Fox, Mark D. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Huang, Jenny (New York)

Attorneys(s) for Defendant

Monteleone, Anthony J. (New York)

Judge(s)

Fox, Mark D. (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Huang, Jenny (New York)

Attorneys(s) for Defendant

Monteleone, Anthony J. (New York)

Documents in the Clearinghouse

Document

7:99-cv-10053

Docket (PACER)

Dec. 4, 2000

Dec. 4, 2000

Docket

Resources

Docket

Last updated Aug. 8, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 348616 (ec) (Entered: 10/04/1999)

Sept. 28, 1999

Sept. 28, 1999

Magistrate Judge Fox is so Designated. (ec) (Entered: 10/04/1999)

Sept. 28, 1999

Sept. 28, 1999

CASE REFERRED TO Judge Parker as related to 96CV8235 and 97CV10. (ec) (Entered: 10/04/1999)

Sept. 28, 1999

Sept. 28, 1999

2

ORDER TO SHOW CAUSE by Angela Stern proposed temporary restraining order without notice and order to show cause why preliminary injunction should not issue (unsigned) (ec) (Entered: 10/04/1999)

Sept. 28, 1999

Sept. 28, 1999

3

MEMORANDUM by Angela Stern in support of [2-1] motion proposed temporary restraining order without notice and order to show cause why preliminary injunction should not issue (ec) (Entered: 10/04/1999)

Sept. 28, 1999

Sept. 28, 1999

5

AFFIDAVIT of Jenny Huang by Angela Stern in support Re: [2-1] motion proposed temporary restraining order without notice and order to show cause why preliminary injunction should not issue . (ec) (Entered: 10/04/1999)

Sept. 28, 1999

Sept. 28, 1999

Case referred as related to 96CV8235 and 97CV10 and declined by Judge Parker and returned to wheel for assignment. (ec) (Entered: 10/04/1999)

Sept. 29, 1999

Sept. 29, 1999

6

Notice of asgmnt to Judge Colleen McMahon Copy of notice and judge's rules mailed to Attorney(s) of record: Jenny Huang. (ec) (Entered: 10/04/1999)

Sept. 29, 1999

Sept. 29, 1999

7

RETURN OF SERVICE executed as to Allen Resnick by Jenny Huang on 9/28/99 Answer due on 10/18/99 for Allen Resnick .... served summons and complaint personnally at 1010 Northern Blvd., Great Neck, New York, NY. (ec) (Entered: 10/04/1999)

Oct. 4, 1999

Oct. 4, 1999

8

NOTICE OF MOTION by Angela Stern for preliminary injunction enjoining dft Allen Resnick, his agent, successors.... from (1) commencing a summary proceeding or otherwise taking any action to evict plntf from her commercial space and (2) entering into a lease or other rental agreement w/a 3rd party relating to the commercial space and (3) refusing to renew plntf's lease , Return date 10/7/99 (ds) (Entered: 10/05/1999)

Oct. 5, 1999

Oct. 5, 1999

9

TRIAL MEMORANDUM by Angela Stern in support of [8-1] motion for preliminary injunction enjoining dft Allen Resnick, his agent, successors.... from (1) commencing a summary proceeding or otherwise taking any action to evict plntf from her commercial space and (2) entering into a lease or other rental agreement w/a 3rd party relating to the commercial space and (3) refusing to renew plntf's lease (ds) (Entered: 10/05/1999)

Oct. 5, 1999

Oct. 5, 1999

10

MEMORANDUM OF LAW by Allen Resnick in opposition to [8-1] motion for preliminary injunction enjoining dft Allen Resnick, his agent, successors.... from (1) commencing a summary proceeding or otherwise taking any action to evict plntf from her commercial space and (2) entering into a lease or other rental agreement w/a 3rd party relating to the commercial space and (3) refusing to renew plntf's lease (pf) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

11

Memo-Endorsement on letter addressed to Judge McMahon from atty Tara K. Monteleone, dated October 5, 1999, re:This letter is meant to confirm with the Court how the hearing will proceed on October 7, 1999 with respect to Anthony Monteleone being a witness in this matter and also representing the deft at the hearing. We respectfully request a very brief adjournment in order to prepare other counsel in this matter. Endorsed:No adjournment is possible. I have no other place on my calendar for you. Only one atorney may examine pltf, not two. Mr. Monteleone represented to me last week that another attorney would be present to question him, that's sufficent "other counsel". No additional time is needed. ( signed by Judge Colleen McMahon ); Copies mailed. (ec) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

Memorandum to Docket Clerk: Order to show cause hearing held 10/7/99. All parties present. Ct rpt Sue Ghorayeb. Hearing adjourned to 10/14/99 at 4pm. Submitted by Fidelis Basile (ds) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

12

ORDER granting [8-1] motion for preliminary injunction enjoining dft Allen Resnick, his agent, successors.... from (1) commencing a summary proceeding or otherwise taking any action to evict plntf from her commercial space and (2) entering into a lease or other rental agreement w/a 3rd party relating to the commercial space and (3) refusing to renew plntf's lease .... ordered that plntf be required to post security in the amt of $1000.00..... This order is further conditioned upon the plntf's payment of rent in the amt of $1,500 per month during the pendency of the action, and upon the cessation of liquor being served at the premises. ( signed by Judge Colleen McMahon ); Copies mailed. (ds) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

received $1000.00 as security for order (see doc #12). Receipt #348744, ck #0507002651, certified ck drawn on chase Manhattan Bank, NY. (ds) (Entered: 10/19/1999)

Oct. 18, 1999

Oct. 18, 1999

13

Memo-Endorsement on letter to atty Joan Magoolaghan from Anthony Monteleone, dated 11/1/99. ENDORSEMENT: Do NOT copy the Court on letters between counsel! Read the Rules. ( signed by Judge Colleen McMahon ); Copies mailed. (ds) (Entered: 11/04/1999)

Nov. 4, 1999

Nov. 4, 1999

14

Transcript of record of proceedings before Judge Colleen McMahon for the date (s) of Sept. 29, 1999. (dc) (Entered: 11/08/1999)

Nov. 8, 1999

Nov. 8, 1999

15

NOTICE OF MOTION by Angela Stern for leave to file late application for atty fees and costs , and for attorney fees and costs , no Return date (ds) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

16

MEMORANDUM OF LAW by Angela Stern in support of [15-1] motion for leave to file late application for atty fees and costs, [15-2] motion for attorney fees and costs (ds) (Entered: 11/15/1999)

Nov. 15, 1999

Nov. 15, 1999

17

Order that case be referred to a Magistrate Judge for Settlement Conference ( signed by Judge Colleen McMahon ) Referred to Magistrate Judge Mark D. Fox . (pf) (Entered: 11/19/1999)

Nov. 19, 1999

Nov. 19, 1999

Memorandum to Docket Clerk: 1/6/00 Telephone conf. held. Both attys settled the motion for leave to file late applications for attys fees & cost. Clerk to term motion. Submitted by Fidelis Basile. (ds) (Entered: 01/07/2000)

Jan. 6, 2000

Jan. 6, 2000

18

STIPULATION and ORDER of DISCONTINUANCE...It is hereby stipulated and agreed between the parties and the undersigned attorneys that The six month trial peroid agreed to between the parties expired on 7/3/00 and no motion for declaratory judgment has been brought by deft. The above entitled action is hereby discontinued and any further action to enforce the Stipulation of settlement and/or underlying lease and ridersshall be brought in a Court of competent jurisdiction. So Ordered. ( signed by Judge Colleen McMahon ) (fk) (Entered: 09/07/2000)

Sept. 5, 2000

Sept. 5, 2000

Case closed. (fk) (Entered: 09/07/2000)

Sept. 5, 2000

Sept. 5, 2000

19

ORDER that the bond in the amount of $1,000.00 be returned to plaintiff. So Ordered: . ( signed by Judge Colleen McMahon ); Copies mailed. (ll) (Entered: 11/17/2000)

Nov. 15, 2000

Nov. 15, 2000

Sent certified copy of docket #19 to the cashiers office in Pearl St., for return of money posted in matter. (ll) (Entered: 11/17/2000)

Nov. 17, 2000

Nov. 17, 2000

Mailed check #548141 in the amount of $1,000.00 payable to Angela Stern mailed to Koof & Mgoolaglon, 19 Fulton St, NY, NY 10038 (ll) (Entered: 12/05/2000)

Dec. 4, 2000

Dec. 4, 2000

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 28, 1999

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Owner of Chinese restaurant that altered its menu to attract a Latino clientele.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Allen Resnick, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Order Duration: 2000 - 0

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights