Tenants' Harassment Claim Dismissed
LVT Number: #29909
Tenants brought an HP proceeding against landlord, seeking correction of building violations and also claiming harassment by landlord. Landlord and tenants signed a consent order to correct violations, and a trial was set to examine the harassment claim. Landlord then asked the court to dismiss the harassment claim without a trial and argued that tenant's court papers contained no statement of facts to support the harassment claim. Landlord therefore couldn't defend itself against these claims. Tenants objected to landlord's request since it was made on the eve of trial. But the court ruled for landlord and dismissed the harassment claim without prejudice. Statements made in court pleadings must be factual in order to give the other side notice of the claim and the opportunity to prepare a defense.
Acosta v. 202 South 2nd Street LLC: 62 Misc.3d 1209(A), 2019 NY Slip Op 50040(U) (Civ. Ct. Kings; 1/9/19; Kuzniewski, J)