Case Activity (86)

1. Order | Filed: September 28, 2026 | Entered: September 28, 2026 Congregation Rabbinical Institute of Tartikov, Inc. et al v. Village of Pomona, NY et al

   Civil Rights: Other | New York Southern

   Memorandum & Opinion ~Util - Set Deadlines

   OPINION & ORDER re: 84 MOTION to Dismiss . filed by Board of Trustees of the Village of Pomona, NY, Village of Pomona, NY, Louis Zummo, Zoning Board of Appeals of the Village of Pomona, NY, Planning Board of the Village of Pomona, NY. For the foregoing reasons, the Motion to Dismiss the Second Amended Complaint filed by the Village of Pomona, New York; the Board of Trustees of the Village of Pomona; the Zoning Board of Appeals of the Village of Pomona; the Planning Board of the Village of Pomona; and Building Inspector Louis Zummo is GRANTED in part and DENIED in part. Specifically: 1) Plaintiffs' facial challenges under the Free Exercise, Free Speech, and Freedom of Association Clauses of the First Amendment; RLUIPA's substantial burden provision; the FHA's disparate-impact provision; Article I, Section 3 of the New York Constitution; and New York common law are dismissed without prejudice for lack of standing. Those claims may proceed only to the extent they are asserted as applied to Plaintiffs; 2) Defendants' Motion is denied to the extent Defendants seek dismissal of Plaintiffs' as-applied challenges for lack of standing or ripeness; 3) Defendants' Motion is denied with respect to Plaintiffs' as-applied federal and state equal protection claims and RLUIPA nondiscrimination claim; 4) Defendants' Motion is denied with respect to Plaintiffs' RLUIPA substantial burden and First Amendment Free Exercise claims, to the extent those claims are asserted as applied to Plaintiffs; 5) Defendants' Motion is denied with respect to Plaintiffs' First Amendment Free Speech and Freedom of Association claims, to the extent those claims are asserted as applied to Plaintiffs; 6) Defendants' Motion is denied with respect to Plaintiffs' FHA disparate impact claim, to the extent that claim is asserted as applied to Plaintiffs; 7) Defendants' Motion is denied with respect to Plaintiffs' FHA religious discrimination claim and granted with respect to Plaintiffs' FHA familial status discrimination claim; 8) Defendants' Motion is denied with respect to Plaintiffs' FHA interference and retaliation claims under 42 U.S.C. § 3617; 9) Defendants' Motion is denied with respect to Plaintiffs' claims under Sections 1981 and 1982. Plaintiffs' Section 1981 claim shall proceed through Section 1983; 10) Defendants' Motion is granted with respect to Plaintiffs' claim under New York Civil Rights Law Section 40-c; 11) Defendants' Motion is denied with respect to Plaintiffs' claim under Article I, Section 3 of the New York Constitution, to the extent that claim is asserted as applied to Plaintiffs; 12) Defendants' Motion is denied with respect to Plaintiffs' New York common law claim, to the extent that claim is asserted as applied to Plaintiffs; 13) Plaintiffs' Article 78 claim is dismissed without prejudice to Plaintiffs pursuing that claim in state court; 14) Plaintiffs' Section 1983 claims against Zummo in his official capacity are dismissed as duplicative of the claims against the Village; 15) Plaintiffs' RLUIPA claims against Zummo are dismissed to the extent Plaintiffs seek damages against him in his individual capacity; and 16) Defendants' request to dismiss the surviving individual capacity claims against Zummo based on qualified immunity is denied. Defendants shall answer the surviving claims in the SAC by October 26, 2026. The Clerk of Court is respectfully directed to terminate the motion at 84. SO ORDERED. Board of Trustees of the Village of Pomona, NY answer due 10/26/2026; Planning Board of the Village of Pomona, NY answer due 10/26/2026; Village of Pomona, NY answer due 10/26/2026; Zoning Board of Appeals of the Village of Pomona, NY answer due 10/26/2026; Louis Zummo answer due 10/26/2026; Louis Zummo answer due 10/26/2026. (Signed by Judge Nelson Stephen Roman on 9/28/2026) (jjc)

2. Order | Filed: February 23, 2026 Congregation Rabbinical Institute of Tartikov, Inc. et al v. Village of Pomona, NY et al

   Civil Rights: Other | New York Southern

   Order

   OPINION & ORDER re: 38 MOTION for Preliminary Injunction filed by Meilech Menczer, Chaim Shmiel Rosenfeld, Isaac Rosenbaum, Mordechai Babad, Congregation Rabbinical Institute of Tartikov, Inc., Jacob Hershkowitz. For the foregoing reasons, Plaintiffs' Motion for Preliminary Injunction is DENIED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 38. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/23/2026) (mml)

3. 84 additional result(s)