Physician Alleged That Landlord Refused to Renew His Lease for Treating AIDS Patients

In Bernstein v. 1995 Assocs. (185 AD2d 160 [1st Dept 1992]), the Court sustained a complaint by a physician who alleged that a landlord refused to renew his office lease because, among other things, one of his subtenants was treating AIDS patients. In Dunn v. Fishbein (123 AD2d 659 [2d Dept 1986]), the Court permitted a Caucasian person to maintain a claim that he was denied an apartment because his roommate was African-American. If plaintiff can show that she was adversely affected by reason of discrimination perpetrated against the prospective purchasers, she has a cognizable claim for discrimination. Moreover, although punitive damages are not recoverable under the Executive Law, they are available under section 8-502 of the Administrative Code ( Umansky v. Masterpiece Intl., 276 AD2d 692 [2d Dept 2000]).