Tenants Can't Raise Negligence Claim in Federal Court

November 21, 2019

LVT Number: #30466

Tenants sued Con Edison and landlord in federal court, claiming that they were negligent by failing to remedy a gas leak and to remove mold, roaches, rats, and garbage from in and around their apartment. Tenants claimed resulting health issues. The court dismissed the case on procedural grounds. First, there was no diversity of citizenship jurisdiction. All of the parties that tenants sued were in New York State. And there was no "federal question" presented.

Tenants sued Con Edison and landlord in federal court, claiming that they were negligent by failing to remedy a gas leak and to remove mold, roaches, rats, and garbage from in and around their apartment. Tenants claimed resulting health issues. The court dismissed the case on procedural grounds. First, there was no diversity of citizenship jurisdiction. All of the parties that tenants sued were in New York State. And there was no "federal question" presented. Tenants' claim didn't arise under the Constitution, laws, or treaties of the United States, and federal law didn't create any cause of action against Con Edison and landlord in this case. Tenants' negligence claim should be pursued in New York State court.

White v. Con Edison: Index No. 19-CV-7308, 2019 WL 5260764 (SDNY; 10/16/19; McMahon, DJ)

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