Harassment Filing Irrelevant to Case

September 30, 1998

LVT Number: 12668

(Decision submitted by Manhattan attorney Murray Schactman, attorney for the landlord.) Landlord sued to evict tenant for nonprimary residence. In response, tenant claimed that landlord had harassed him. Landlord asked the court to strike this particular defense. The court ruled for landlord. Tenant had filed a harassment complaint with the DHCR but didn't show any proof of harassment. In addition, even if tenant's harassment defense was valid, it was irrelevant to the issue of whether tenant primarily resided in the apartment.

(Decision submitted by Manhattan attorney Murray Schactman, attorney for the landlord.) Landlord sued to evict tenant for nonprimary residence. In response, tenant claimed that landlord had harassed him. Landlord asked the court to strike this particular defense. The court ruled for landlord. Tenant had filed a harassment complaint with the DHCR but didn't show any proof of harassment. In addition, even if tenant's harassment defense was valid, it was irrelevant to the issue of whether tenant primarily resided in the apartment.

Tabak v. Tabor: NYLJ, p. 22, col. 3 (9/16/98) (Civ. Ct. NY; Shulman, J)

Topics

More like this