Tenants Claim Postal Worker Conspired with Landlord Against Them

Landlord cooperative corporation sued tenant shareholders in state Supreme Court, claiming that the tenants harassed and threatened other shareholders, the co-op board, building staff, and the building's managing agent. Tenants raised counterclaims against landlord, other individuals, and a U.S. postal worker who delivered mail to the building. Tenants claimed that the postal worker had conspired with landlord, intentionally destroyed and/or failed to deliver their mail, and filed false police reports against them. The United States, on behalf of the postal worker, moved the case to federal court because the postal worker was acting within the scope of her U.S. employment. Tenants then asked that the case be sent back to state court, claiming that the postal worker was acting outside the scope of her employment when she committed the claimed actions. The court ruled against tenants. The postal worker was indeed acting within the scope of her employment by delivering mail to tenants, and her supposed failure to deliver the mail was the grounds of tenants' claim against her. 

Thornton-Burns Owners Corporation v. Navas: Index No. 13-CV-4241, NYLJ No. 1202650964911 (EDNY; 4/8/14; Chen, DJ)