Tenant Claims Harassment by Landlord

December 1, 2009

LVT Number: #22308

Landlord sued to evict tenant. Tenant asked the court to dismiss the case and counterclaimed for harassment under city law. Landlord, in turn, asked the court to dismiss tenant's harassment claim without a trial on that issue. The court ruled for landlord. Tenant appealed, and her claim was reopened. Landlord didn't refute the factual claims behind tenant's request for harassment sanctions. So tenant could renew this claim at trial.

Landlord sued to evict tenant. Tenant asked the court to dismiss the case and counterclaimed for harassment under city law. Landlord, in turn, asked the court to dismiss tenant's harassment claim without a trial on that issue. The court ruled for landlord. Tenant appealed, and her claim was reopened. Landlord didn't refute the factual claims behind tenant's request for harassment sanctions. So tenant could renew this claim at trial.

Gotham Realty Holdings, LLC v. Weisenthal: 2009 WL 3297972, Index No. 570478/09 (10/1/09) (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)

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