John E. Horan Granted Summary Judgment

The Civil Court, New York County granted a municipal authority’s motion for summary judgment in this property damage case. The pro se plaintiff alleged in this case that various items of his personal property which he had left in his sister’s apartment were improperly discarded. Plaintiff had previously lived in the subject apartment with his sister who was the tenant of record. Plaintiff was subsequently removed from the ”family composition” of the apartment due to his sister obtaining a restraining order against him for being violent towards her. The Order provided  him with an opportunity to retrieve his belongings but he never did so. Ten months later, plaintiff’s sister voluntarily vacated the apartment.  After the surrender of the apartment to a municipal authority, in accordance with their guidelines, the apartment was cleaned out.

Therefore, we argued that the municipal authority had no duty to keep plaintiff’s possessions nor to inform him that his sister was vacating the apartment because he did not live in the apartment. The Court agreed with this position and granted a motion for summary judgment.

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