University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Emigrant Savings Bank v. Elan Management Corp. FH-NY-0006
Docket / Court CV-80-1381 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
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 ... read more >
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).

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-basis
Race discrimination
Plaintiff Type
Private Plaintiff
Race
Race, unspecified
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Defendant(s) Emigrant Savings Bank
Plaintiff Description Owner of a building facing foreclosure by Emigrante, allegedly because most of its tenants were non-white.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1982
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Opinion [Re: Removal of Action] 01/12/1982 (668 F.2d 671)
FH-NY-0006-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum 06/18/1982 (453 N.Y.S.2d 977)
FH-NY-0006-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Buschmann, Albert H. (State Supreme Court)
FH-NY-0006-0002
Feinberg, Wilfred (Second Circuit, S.D.N.Y.)
FH-NY-0006-0001
Friendly, Henry Jacob (Second Circuit)
FH-NY-0006-0001
Pierce, Lawrence Warren (FISC, Second Circuit, S.D.N.Y.)
FH-NY-0006-0001
Monitors/Masters None on record
Plaintiff's Lawyers Deely, J. Patrick (New York)
FH-NY-0006-0001
Parsons, Judson A. Jr. (New York)
FH-NY-0006-0001
Defendant's Lawyers Goldweber, Elyse S. (New York)
FH-NY-0006-0001
Hershkowitz, Marcia Berger (New York)
FH-NY-0006-0001
Other Lawyers Leinheardt, Wallace L. (New York)
FH-NY-0006-0002

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