Former Tenant's Claims Against Landlord, Judge, Marshal, and DHCR Dismissed

April 25, 2025

LVT Number: #33656

Landlord sued to evict tenant in housing court, and tenant was evicted in 2015 after the court found that tenant had made the apartment uninhabitable by mites. Between 2014 and 2019, tenant brought a series of lawsuits in federal court against landlord, the housing court judge, HPD, the city marshal who carried out the eviction, and the DHCR. The court dismissed those cases based on failure to state a claim and immunity. Tenant later filed another lawsuit in state court, claiming fraud, perjury, and assault.

Landlord sued to evict tenant in housing court, and tenant was evicted in 2015 after the court found that tenant had made the apartment uninhabitable by mites. Between 2014 and 2019, tenant brought a series of lawsuits in federal court against landlord, the housing court judge, HPD, the city marshal who carried out the eviction, and the DHCR. The court dismissed those cases based on failure to state a claim and immunity. Tenant later filed another lawsuit in state court, claiming fraud, perjury, and assault. The court dismissed the new case after finding that it contained merely "unintelligible conspiracy theory," and that tenant couldn't sue the government defendants named in state court.

Kraemer v. Edelstein: Index No. 153243/2024, NYLJ No. 1740596329 (Sup. Ct. NY; 2/24/25; Chesler, J)

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