Sanders v. Winship

442 N.E.2d 1231, 57 N.Y.2d 391, 456 N.Y.S.2d 720, 1982 N.Y. LEXIS 3786
CourtNew York Court of Appeals
DecidedNovember 18, 1982
StatusPublished
Cited by117 cases

This text of 442 N.E.2d 1231 (Sanders v. Winship) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanders v. Winship, 442 N.E.2d 1231, 57 N.Y.2d 391, 456 N.Y.S.2d 720, 1982 N.Y. LEXIS 3786 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Fuchsberg, J.

In a case of first impression, we are called upon to construe section 19-a of the Civil Rights Law, legislation designed to outlaw specified discrimination in the sale of cooperative real estate ownership interests. At issue at this stage of the case is whether the defendant Joanne Winship, sued herein as Mrs. Frederick M. Winship, who with her husband occupies a Manhattan cooperative apartment of which Mr. Winship is the “cooperative shareholder”, is herself a “cooperative tenant” within the compass of the statute. Mr. Winship is also president and a director of 417 Park Avenue Corporation, the cooperative entity which bears the address of and owns the building in which the Winship apartment is located.

The statute, as relevant here, reads as follows:

“§ 19-a. Prohibition against unreasonable withholding of consent.
“1. No corporation formed for the purpose of the cooperative ownership of real estate within the state shall withhold its consent to the sale or proposed sale of certificates of stock or other evidence of ownership of an interest in such corporation because of the race, creed, national origin, or sex of the purchaser.
“2. For the purpose of this section a ‘corporation’ shall include the cooperative management, cooperative tenants, cooperative shareholders, or any appointee or successor in interest of a corporation.”

The plaintiffs, Martin Sanders and Erika Sanders, husband and wife, bring this suit for compensatory and punitive damages against the corporation, the Winships and the other corporate directors. As set out in some detail in [394]*394their pleadings, Mr. and Mrs. Sanders, American citizens of Jewish persuasion who formerly resided in Israel, after contracting with a cooperative stockholder for the purchase of an apartment in the building in question as a residence for their children and themselves, as was stipulated in the contract and required by the corporation, submitted to a personal interview at the Winship apartment, where they were interrogated by Mr. and Mrs. Winship and four others identified as members of the board.

The papers go on to assert that, during the course of this meeting, the Winships, directly and indirectly, made repeated references, “derogatory and demeaning in both content and tone”, to plaintiffs’ religion and to their Israeli background. Shortly thereafter, though all information required for demonstrating the purchaser’s financial ability and good character had been furnished, Mr. Sanders was informed, without reason, that consent to the proposed purchase was denied. Plaintiffs’ complaint concludes with the charge that, among other things, this rejection was grounded on plaintiffs’ creed, was induced at least in part by Mrs. Winship (who, it is claimed, is, in terms of section 19-a, a “cooperative tenant”) and was consistent with “a continual course of conduct of defendant corporation, defendant board members' and defendant Mrs. Winship over a period of many years of invidious discrimination against members of the Jewish faith and other minorities”.

The procedural posture in which the case is here arises from a CPLR 3211 motion made on behalf of Mrs. Winship to dismiss the complaint against her for failure to state a cause of action, most particularly on the legal argument that she was not a “cooperative tenant”. Whatever an ultimate trial may disclose as to the truth of the allegations, on such a motion, a court is to take them as true and resolve all inferences which reasonably flow therefrom in favor of the pleader. On this basis, Special Term, of the view that, since Mrs. Winship “occupies the premises with her husband and has a possessory right, whether by license or otherwise, to do so”, she was a cooperative tenant, proceeded to deny her motion. Nevertheless, the Appellate Division, in a brief memorandum, reversed, on the law, [395]*395and dismissed the complaint against her. For the reasons which follow, we agree with the result reached by Special Term.

Our analysis may well start with the obvious fact that the statute, expressive of fundamental State policy (see, e.g., NY Const, art I, § 11) and expressly purposed to combat the specific discrimination quoted above, is to be regarded as remedial in nature and, therefore, liberally construed (McKinney’s Cons Laws of NY, Book 1, Statutes, § 341; cf. Executive Law, § 300; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 183). Nor are we to assume that, in framing such a statute, the Legislature did not act with a consciousness that antidiscrimination edicts all too commonly are circumvented unless they are comprehensive in their application (see Matter of Axel v Duffy-Mott Co., 47 NY2d 1, 6; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, supra; State Div. of Human Rights v Kilian Mfg. Corp., 35 NY2d 201, 209-210).

Reading the statute in this light, we observe initially that, though it begins by forbidding only the cooperative corporation itself from discriminatorily withholding consent (subd 1), it goes on to provide an expansive series of definitions of “corporations” to include not only the “cooperative management” through which it acts, which would not be exceptional, but also such categories as “cooperative tenants” and “cooperative stockholders”, each of whom normally play no formal managerial, decisional or policy role.

As we have seen, subdivision 1 of section 19-a commands that a cooperative corporation not “withhold its consent” for the proscribed discriminations. Indeed, the withholding of such consent is the prohibition the statute institutes. Since subdivision 2 then goes on to include cooperative tenants and cooperative stockholders within its special definitions of “corporation”, in a literal sense cooperative tenants and stockholders are forbidden to withhold consent. But this produces a paradox, for how can such a tenant who, strictly speaking, has no consent to give, be able to effectively withhold consent? The answer lies within the embrace of the further construction principle that a statute is to be viewed as a whole. To this end, all [396]*396parts thereof, if possible, are to be harmonized to achieve the legislative purpose (see People v Mobil Oil Corp., 48 NY2d 192; McKinney’s Cons Laws of NY, Book 1, Statutes, §§ 97, 98,130). Or, as Chancellor Kent long ago put it more pointedly, “In the exposition of a statute, the intention of the lawmaker will prevail over the literal sense of the terms; and its reason and intention will prevail over the strict letter” (Kent’s Comm [13th ed], p 462). In fine, a cooperative tenant is prohibited from conduct which may help bring about an interdicted withholding.

Moreover, since the “primary interest of every stockholder in a co-operative housing corporation is a long-term, proprietary lease” (19 NY Jur 2d, Condominiums, § 51; see Matter of State Tax Comm. v Shor, 43 NY2d 151, 154), it would not be reasonable to assume that the inclusion of “cooperative tenants” as a category distinct from that of “cooperative stockholders” in such a particularized statute was a mere redundancy. The more is this so since it is still another rule of statutory construction that “effect and meaning must, if possible, be given to the entire statute and every part and word thereof” (McKinney’s Cons Laws of NY, Book 1, Statutes, § 98; Finger Lakes Racing Assn. v New York State Racing & Wagering Bd.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alexandre v. Verizon N.Y.
2025 NY Slip Op 30976(U) (New York Supreme Court, New York County, 2025)
Alexandre v. Verizon N.Y. Inc.
2025 NY Slip Op 30976(U) (New York Supreme Court, New York County, 2025)
People v. Willis
44 N.Y.3d 14 (New York Court of Appeals, 2025)
99th Ave. Holdings, LLC v. Schatz
2025 NY Slip Op 30979(U) (New York Supreme Court, New York County, 2025)
Matter of Till v. Apex Rehabilitation
144 A.D.3d 1231 (Appellate Division of the Supreme Court of New York, 2016)
COUNTY OF ERIE v. M/A-COM, INC.
104 A.D.3d 1233 (Appellate Division of the Supreme Court of New York, 2013)
Robert T. v. Sproat
102 A.D.3d 176 (Appellate Division of the Supreme Court of New York, 2012)
Superfund Coalition, Inc. v. Department of Environmental Conservation
961 N.E.2d 657 (New York Court of Appeals, 2011)
Gogos v. Modell's Sporting Goods, Inc.
87 A.D.3d 248 (Appellate Division of the Supreme Court of New York, 2011)
Corsello v. Verizon New York, Inc.
77 A.D.3d 344 (Appellate Division of the Supreme Court of New York, 2010)
Roberts v. Tishman Speyer Properties, L.P.
918 N.E.2d 900 (New York Court of Appeals, 2009)
People v. Finley
891 N.E.2d 1165 (New York Court of Appeals, 2008)
AAA Viza, Inc. v. Business Payment Systems, LLC
38 A.D.3d 802 (Appellate Division of the Supreme Court of New York, 2007)
Mayor of New York v. Council of New York
38 A.D.3d 89 (Appellate Division of the Supreme Court of New York, 2006)
Welsbach Elec v. Mastec N. Am
859 N.E.2d 498 (New York Court of Appeals, 2006)
Welsbach Electric Corp. v. MasTec North America, Inc.
859 N.E.2d 498 (New York Court of Appeals, 2006)
Worthy v. New York City Housing Authority
21 A.D.3d 284 (Appellate Division of the Supreme Court of New York, 2005)
Consumers Union of U.S., Inc. v. State
840 N.E.2d 68 (New York Court of Appeals, 2005)
Sheppard-Mobley v. King
10 A.D.3d 70 (Appellate Division of the Supreme Court of New York, 2004)
Cron v. Hargro Fabrics, Inc.
694 N.E.2d 56 (New York Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
442 N.E.2d 1231, 57 N.Y.2d 391, 456 N.Y.S.2d 720, 1982 N.Y. LEXIS 3786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-winship-ny-1982.