Tenant's Counterclaim Dismissed

April 1, 2006

LVT Number: 18746

Landlord sued tenant. Tenant counterclaimed for harassment and intentional infliction of emotional distress. Landlord asked the court to dismiss tenant's counterclaims. The court ruled for landlord. Tenant appealed and lost. A claim of harassment can't be raised in New York courts. Tenant should raise any harassment claim in a complaint before the DHCR. And there was no outrageous conduct to justify tenant's emotional distress claim.

Landlord sued tenant. Tenant counterclaimed for harassment and intentional infliction of emotional distress. Landlord asked the court to dismiss tenant's counterclaims. The court ruled for landlord. Tenant appealed and lost. A claim of harassment can't be raised in New York courts. Tenant should raise any harassment claim in a complaint before the DHCR. And there was no outrageous conduct to justify tenant's emotional distress claim.

Edelstein v. Farber: NYLJ, 3/6/06, p. 28, col. 1 (App. Div. 1 Dept. Buckley, PJ, Andrias, Saxe, Friedman, Williams, JJ)

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