Legal Opinion
Hartman v. 536/540 E. 5th St. Equities, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2005PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 24, 2004, which granted defendant landlord’s motion to dismiss plaintiff former tenant’s complaint for failure to state a cause of action, unanimously affirmed, without costs.
New York does not recognize a civil cause of action for harassment (see Jacobs v 200 E. 36th Owners Corp., 281 AD2d 281 [2001]). Giving plaintiff’s allegations every favorable intendment, they appear to seek recovery for emotional distress intentionally inflicted by means of abusive lawsuits and breaches of the warranty of habitability.…
2Cases cited4 opinions
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Walentas v. JohnesAppellate Division of the Supreme Court of the State of New York · 1999
- Jacobs v. 200 East 36th Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Artzt v. GreenburgerAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by7 opinions
- Mago, LLC v. SinghAppellate Division of the Supreme Court of the State of New York · 2008
- Edelstein v. FarberAppellate Division of the Supreme Court of the State of New York · 2006
- Jerulee Co. v. SanchezAppellate Division of the Supreme Court of the State of New York · 2007
- Pollack v. CoopermanAppellate Division of the Supreme Court of the State of New York · 2013
- 1719 Gates LLC v. Torres, Civil Court Of The City Of New York, Queens County2024
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