Supreme Court of the State of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
Tashia Smullen, George Wills, Johnny Davis, Nkia John Doe(S), and Jane Doe(S)
Maslow, Aaron D.
Pre-answer Motion by Tenant
Motion Granted for Tenant in Part, Denied in Part
Tenant Partially Won
A tenant in rent-controlled apartment sought a temporary restraining order and preliminary injunction against their landlord and other occupants for alleged harassment, property theft, and illegal rent increases. The tenant claimed the landlord removed a dividing wall, glued locks shut, stole personal items, and demanded higher rent despite rent control regulations. However, the court dismissed the petition against all but one occupant due to improper service of legal documents. The court granted a preliminary injunction against the served occupant, prohibiting them from harassing the tenant, stealing or damaging their property, or interfering with the apartment's entry. The court also denied Petitioner's request for reimbursement of costs.Key Legal Points:Proper service of legal documents is crucial for initiating legal action.Tenants in rent-controlled apartments have specific rights regarding rent increases and alterations to the living space.Courts may issue injunctions to prevent future harm based on a demonstration of past harm and a likelihood of future harm.
"Pierre v. Smullen" (2024). All Decisions. 1324.