BM&S Attorney Obtains Dismissal On Behalf of Building Owner and Property Manager

In Sherrill v. Friedland, et al., plaintiff, a tenant in an apartment building, claimed that he was duped into entering in a lease agreement, and that he was being harassed by another tenant while living at the building.  The evidence suggested otherwise, and a finely tuned dismissal motion on both procedural and substantive grounds was crafted. First, it was argued that the case should be dismissed on the grounds that plaintiff failed to properly effectuate service pursuant to CPLR Sec. 308, 311 and 311-a. It was further argued that even if the defendants were properly served, the pleadings failed to state a cause of action inasmuch as: i) plaintiff entered into a binding lease agreement with clear and concise terms and conditions; and ii) there was no wrongful conduct on the part of the defendants with respect to the alleged harassment claim. It was also argued that plaintiff’s claims were barred under the doctrines of res judicata and collateral estoppel as plaintiff’s claims were previously heard in Housing Court. The motion was a true tour de force, such that the Court granted the motion in its entirety.