Tenant Can't Sue Courts After Losing Case

November 15, 2012

LVT Number: #24442

Tenant sued her landlord, its managing agent, and a housing court judge, claiming that landlord overcharged her and failed to provide services, and that the housing court improperly ruled against her in a prior proceeding. The Supreme Court dismissed the case. Tenant appealed, and now also sued the Supreme Court judge. The appeals court ruled against tenant. The housing court had dismissed tenant's counterclaims concerning overcharge and repair issues in a prior proceeding. Tenant improperly raised the same issues in the new case.

Tenant sued her landlord, its managing agent, and a housing court judge, claiming that landlord overcharged her and failed to provide services, and that the housing court improperly ruled against her in a prior proceeding. The Supreme Court dismissed the case. Tenant appealed, and now also sued the Supreme Court judge. The appeals court ruled against tenant. The housing court had dismissed tenant's counterclaims concerning overcharge and repair issues in a prior proceeding. Tenant improperly raised the same issues in the new case. And tenant's claims against the judges were barred by judicial immunity.

Munroe v. Park Ave South Management: NYLJ, 10/12/12, p. 22, col. 1 (App. Div. 1 Dept.; Gonzalez, PJ, Saxe, DeGrasse, Freedman, Roman, JJ)

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