Tenant Can't Sue Neighbor for Harassment

January 1, 2011

LVT Number: #23095

Tenant, a cooperative building shareholder, sued landlord co-op corporation and another building tenant for harassment and emotional distress. The other tenant had sent landlord constant complaints about noise from tenant's apartment, which caused landlord to send tenant a threatening letter and proprietary lease termination notice. The other tenant asked the court to dismiss the case against her, claiming that there was no cause of action. The court ruled for the other tenant. There is no common-law action for harassment in New York State.

Tenant, a cooperative building shareholder, sued landlord co-op corporation and another building tenant for harassment and emotional distress. The other tenant had sent landlord constant complaints about noise from tenant's apartment, which caused landlord to send tenant a threatening letter and proprietary lease termination notice. The other tenant asked the court to dismiss the case against her, claiming that there was no cause of action. The court ruled for the other tenant. There is no common-law action for harassment in New York State. And even if the other tenant's complaints were false, they didn't rise to a level of intentional infliction of emotional distress.

Oxman v. 1100 Park Ave. Cooperative Corp.: Index No. 108500/2010, NYLJ No. 1202476391718 (Sup. Ct. NY; 11/29/10; Gische, J)

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