Tenant's Harassment Claim Dismissed

Rent-stabilized tenant sued landlord in 2016, claiming harassment in violation of NYC Admin. Code Section 27-2005(d) that interfered with his tenancy in order to drive him out of his apartment, along with breach of the warranty of habitability and other claims. Landlord asked the court to dismiss the case without trial. In October 2018, tenant signed a Release of Claims in consideration for receiving funds from a Tenant Restitution Fund set up by the NY State Attorney General in connection with a 2016 criminal action against landlord, Steven Croman. That release was valid and applied to all claims occurring on or before Dec. 29, 2017. The language of the release was clear and unambiguous, and the claims in tenant's lawsuit were identical to those settled by the Release of Claims. Based on the release, tenant also couldn't claim that he was a prevailing party in this lawsuit and therefore couldn't claim attorney's fees.

Giacobbe v. 115 Mulberry, LLC: Index No. 155436/2016, 2020 NY Slip Op 30753(U)(Sup. Ct. NY; 3/11/20; Edmead, J)