Tenant Can't Challenge Eviction in Federal Court
LVT Number: #24731
Former tenant sued landlord, a city marshal, an administrative judge, and a court clerk in federal court after he was evicted following a landlord-tenant summary proceeding in housing court. Tenant claimed various violations of federal laws, as well as a violation of due process under the U.S. Constitution. The court ruled against tenant and dismissed the case. Tenant's claims had been fully heard in the housing court proceeding and subsequent appeal in state court. The federal court didn't have jurisdiction to hear a claim that belonged in landlord-tenant court.
Sasmor v. Powell: Index No. 11-CV-4645, 2013 WL 1335838 (EDNY; 3/31/13; Matsumoto, DJ)