Evicted Tenants Can't Seek Reconsideration via Civil Rights Claim

March 31, 2011

LVT Number: #23277

Tenants sued landlord in federal court after they were evicted following a housing court proceeding. Tenants claimed that landlord violated their constitutional rights to free speech, peaceful assembly, and petition. The court denied tenants' request for a preliminary injunction giving them access to the apartment and restoration of electric service. Tenants asked to reargue the case, claiming that the housing and state courts had decided against them incorrectly. Among other things, they claimed that they were denied a trial by jury. The court again ruled against tenants.

Tenants sued landlord in federal court after they were evicted following a housing court proceeding. Tenants claimed that landlord violated their constitutional rights to free speech, peaceful assembly, and petition. The court denied tenants' request for a preliminary injunction giving them access to the apartment and restoration of electric service. Tenants asked to reargue the case, claiming that the housing and state courts had decided against them incorrectly. Among other things, they claimed that they were denied a trial by jury. The court again ruled against tenants. The Sixth Amendment right to a jury trial didn't apply to civil court proceedings, and the Seventh Amendment right to a trial by jury in civil cases wasn't incorporated in the Fourteenth Amendment's due process clause, so it didn't apply to state court cases.

Rosen v. North Shore Tower Apartments, Inc.: Index No. 11-CV-00752, NYLJ No. 1202485785872 (EDNY; 3/7/11; Mauskopf, J)

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