Tenant Lawsuit Against Landlord's Attorneys Dismissed

LVT Number: #33741

Tenant sued landlord's attorneys for defamation and intentional infliction of emotional distress for statements he claimed were made by the attorneys to the New York Post alleging that tenant hadn't paid rent for four years and was violating a no-pet policy at the building. The attorneys represented landlord in an eviction proceeding against the tenant. The court granted the attorneys' request to dismiss the case because tenant's affidavit of service of the court papers on the attorneys was defective.

Tenant sued landlord's attorneys for defamation and intentional infliction of emotional distress for statements he claimed were made by the attorneys to the New York Post alleging that tenant hadn't paid rent for four years and was violating a no-pet policy at the building. The attorneys represented landlord in an eviction proceeding against the tenant. The court granted the attorneys' request to dismiss the case because tenant's affidavit of service of the court papers on the attorneys was defective. Because the affidavit of service stated that only that mailing occurred but not delivery, the court had no jurisdiction. Since the case was dismissed for this reason, the court made no further determination concerning tenant's claim.

DeWald v. Riegel: Index No. 655512/2023, 2025 NY Slip Op 31937(U), NYLJ 6/11/25, p. 17, col. 1 (Sup. Ct. NY; 5/29/25; Rosado, J)