Tenant's Harassment Claim Against Landlord Dismissed

January 11, 2012

LVT Number: #23853

Tenant sued landlord in housing court, claiming harassment. The court ruled against tenant, who appealed and lost. Tenant failed to prove harassment at trial, as there was no showing of repeated baseless or frivolous court proceedings. Landlord started two court cases against tenant after the harassment law went into effect in 2008. The second case, a nonpayment proceeding, was dismissed for landlord's failure to appear on the initial court date. This didn't prove the cases were baseless or frivolous.

Tenant sued landlord in housing court, claiming harassment. The court ruled against tenant, who appealed and lost. Tenant failed to prove harassment at trial, as there was no showing of repeated baseless or frivolous court proceedings. Landlord started two court cases against tenant after the harassment law went into effect in 2008. The second case, a nonpayment proceeding, was dismissed for landlord's failure to appear on the initial court date. This didn't prove the cases were baseless or frivolous.

Martinez v. The Pinnacle Group: 2011 NY Slip Op 52340(U), 2011 WL 6819475 (App. T. 1 Dept.; 12/28/11; Lowe III, PJ, Shulman, Torres, JJ)

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