Tenant Didn't Amend Complaint to Support Claim Sufficiently
LVT Number: #31421
Rent-stabilized tenant sued landlord, claiming willful refusal to fix a damaged roof and repeated water leaks into her apartment and the adjoining corridor. Tenant claimed that these acts resulted in intentional infliction of emotional distress, harassment, nuisance, and breach of the warranty of habitability. Landlord argued that tenant's claims were groundless and asked the court to dismiss the case without trial.
The court ruled for landlord in part, finding no grounds for a finding of intentional infliction of emotional distress or that landlord caused or intended to cause tenant to vacate her apartment. The court also noted that New York didn't recognize a common-law cause of action for harassment. And landlord already had signed a settlement agreement with tenant that gave her a rent abatement for breach of the warranty of habitability. The court ruled that, to the extent that any of the ongoing conditions weren't covered in that agreement, tenant could restate those claims in amended court papers within 30 days. Tenant then filed additional papers and landlord asked the court to dismiss tenant's amended claim.
The court ruled for landlord. Tenant's amended complaint contained conclusory language about a "loss and cut off of basic services," but failed to comply with the court's directive to present new factual allegations. The case was dismissed.
Barros v. Chelsea Hotel Owner, LLC: Index No. 162120/2019, 2021 NY Slip Op 31366(U)(Sup. Ct. NY; 4/22/21; Kotler, J)