Black Marjieh & Sanford LLP Partner Sheryl Sanford and Associate Jacqueline Vernon Secure Dismissal in Homeless Shelter Lawsuit
Black Marjieh & Sanford LLP Partner Sheryl Sanford and Associate Jacqueline Vernon successfully secured the dismissal of a lawsuit brought by a Pro Se Plaintiff who claimed emotional and psychological damages after witnessing his roommate die of a drug overdose at our client’s homeless shelter in New York. The plaintiff sought millions of dollars in damages, alleging procedural violations and claiming entitlement to a default judgment due to the shelter’s purported failure to answer the complaint within 20 days.
Despite his assertions, the plaintiff never moved to strike the shelter’s answer or pursue default judgment until Sheryl and Jacqui informed him that his claims lacked any basis in law or fact. The plaintiff subsequently filed multiple “writs of mandamus” with the Appellate Division, each of which was unanimously dismissed by the First Department.
In the meantime, Sheryl and Jacqui filed a motion to dismiss in the lower court, arguing that the plaintiff’s claims were meritless and unsupported by the elements required for a bystander claim. The Court agreed, ruling that the plaintiff failed to properly plead and could not establish the following:
- The defendants’ conduct was a substantial factor in causing the injury or death of the third party.
- The plaintiff was within the zone of danger and at risk of physical harm.
- The plaintiff’s claims had a legal basis, as he was not an immediate family member of the decedent.
In conclusion, the Court dismissed the case, agreeing that the plaintiff’s claims were unfounded both in law and fact. The Court emphasized that the plaintiff’s status as a roommate—having only known the decedent for three months—did not meet the legal requirements for a bystander emotional distress claim.