Case Type

Other

Housing Type

Other

Court

Appellate Division, Second Department

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

Index No. 214/24 (App. Div. No. 2025-01773)

Slip Opinion Number

2026 NY Slip Op 03451

Petitioner

ADERIBIGBE OGUNDIRAN

Respondent

MOESHE SPIRA

Judge

Duffy, Colleen D.; Dowling, Deborah A.; Warhit, Barry E.; Quirk, Susan

Decision/Order Date

2026-06-03

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Landlord Substantially Won

Synopsis

In this action for damages against a former landlord, the tenant alleged retaliation under RPL § 223-b along with harassment, invasion of privacy, property damage, nuisance, and emotional distress. The Appellate Division affirms dismissal, holding the tenant failed to allege any retaliatory action protected by RPL § 223-b and that the remaining claims were either time-barred or legally insufficient.

Keywords

Action Against Former Property Owner/Landlord; Retaliation; RPL § 223-b; Failure To State A Cause Of Action; Harassment; Invasion Of Privacy; Damage To Property; Intentional Infliction Of Emotional Distress

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