Because Mrs. Broome did not show up for an interview for her "dream apartment" on Monday evening of June 5, 1995, it forced the Board to schedule another meeting to interview Mrs. Broome for Tuesday evening, June 6, 1995, to interview the "missing wife." This was necessary because the Broomes wanted to move into their "dream apartment" on June 7, 1995 and the co-op rules require that all occupants of an apartment must be interviewed by the Board.


Because Mrs. Simone Demou was informed by the superintendent of the co-op on Tuesday morning of June 6 that the Board had not yet approved the Broome application to sub-let the apartment on the evening of June 5, 1995, Mrs. Demou asked the superintendent if he was a racist.


Because Mrs. Demou then went directly to the management company of the co-op and informed Marie Capraro that Nick Biondi and the Board were all racists, since they had not yet approved the sublet application on Monday evening, June 5, 1995. In subsequent days, Mrs. Demou contacted each of the five Board members and informed them that they were racists, or that the Monday evening postponement of the sub-let application decision was racially motivated by Nick Biondi and that she intended to sue the Board and the co-op.


On Tuesday morning, June 6, 1995, Nick Biondi was in his Long Island office calling the four remaining board members to see if one of them would be available for the Tuesday evening interview with Mrs. Broome. This was necessitated by Mrs. Broome's failure to appear at the Monday evening June 5th interview. In the middle of this out reach program to line up a director for Tuesday's meeting, Nick Biondi received a phone call from Marie Carpraro of the management company informing him of Mrs. Demou's visit to her office and her threats to sue. She also informed Mr. Biondi that Mr. Broome had told her, "that he was consulting with his lawyers on this matter."


Nick Biondi called Herb Cohen of the law firm, Stiefel & Cohen, the firm that represented the co-op, and informed Mr. Cohen of the threatened racial lawsuit. It was determined that because of the threatened lawsuit that the Tuesday evening, June 6th meeting should be postponed until Tuesday evening, June 13, 1995, so that the lawyers and all Board members who had been accused of being racists by Mrs. Demou, could gather the facts of this dangerous turn of events.


Because the threatened lawsuit would be based on Mr. Broome's race as an African American and therefore a member of the protected class, discussion among the Board members and the attorneys revolved around his race and his membership in the protected class. Lawrence Weiner, a Board member, jotted on a pad in his office, as he was taking notes on the situation, "Black man." The notes were subsequently turned over to counsel.


In the main article, Attorney Marc Luxemburg. states, "In the Biondi case there was evidence of discrimination. Someone wrote that note that said, 'Black man,' and there were discussions about Gregory Broome's race." Some lawyers like Mr. Marc Luxemburg consider the Board's discussion of Mr. Broome's race by the Board members and the attorneys representing the Board, a " Smoking Gun." The Board and the co-op was threatened with a race based lawsuit and we discussed and took notes of the race of one of the plaintiffs..........This is a Smoking Gun ????