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RICH v. MONTAG

United States District Court, Southern District of New York


May 5, 2003

ROBERTA RICH, PLAINTIFF, AGAINST JACK MONTAG, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas P. Griesa, United States District Judge

OPINION

On February 24, 2003 defendant Jack Montag, appearing pro se, sent a letter to the court, which the court interpreted as a motion for summary judgment. The action is under the Fair Housing Act, which has a two-year statute of limitations. In his letter, Montag stated that he sold the premises in question in November 1994, and that neither he nor any of his employees has had any contact with plaintiff since that time.

On April 1, 2003 the court sent a notice to plaintiff, giving plaintiff the opportunity to respond to the assertions made in Montag's letter. The notice advised plaintiff that Montag's letter was being treated as a motion for summary judgment.

Plaintiff has filed a response dated April 23, 2003. Plaintiff does not dispute the fact that Montag sold the building in 1994 and that the action against Montag is barred by the statute of limitations. Plaintiff asserts, however, that another defendant, Rudy Caracas, continued the sexual harassment until the year 2000. However, this does not affect the cause of action against Montag.

The court grants the motion of defendant Jack Montag for summary judgment, dismissing the action as to him on the ground that it is barred by the statute of limitations.

SO ORDERED.

20030505

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