Tenant's Court Case Against Landlord Dismissed

Tenant sued landlord for harassment. She claimed that landlord caused emotional distress intentionally by bringing abusive lawsuits against her and breaching the warranty of habitability. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There is no civil cause of action in New York for harassment. In addition, landlord was justified in bringing its three prior court cases against tenant. And tenant should have raised any claim of breach of the warranty of habitability in the nonpayment case that was settled or in the case that resulted in her eviction. Tenant's warranty of habitability claims also didn't amount to extreme, outrageous conduct that would support a claim for intentional infliction of emotional distress.

Hartman v. 536/540 E. 5th St. Equities, Inc.: NYLJ, 6/23/05, p. 26, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Sullivan, Williams, Gonzalez, JJ)