Legal Question in Real Estate Law in New York

I have a neighbor who loves to harass me. He has called the NYC Building dept over 30 times since 1995 for various reasons. One reason is a small enclosed porch in rear of my home. He has called that in many times, finally once in 2002 a inspector issued a summons to remove. I went to the hearing and had it dismissed. That stopped him for a while, he started a few year ago again, finally he found another inspector to issue the same summons for the porch, exactly the same as 2002 which was dismissed. Can the building dept issue a summons again for the same issue that was previously dismissed at a hearing? Isn't that sort of like Double Jeopardy? What is your legal opinion, can I have it dismissed solely on the basis with having to go further? Thank you.

Asked on 10/03/13, 5:10 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

It is unclear from your question if the porch is a violation.

If it is not, and your neighbor persists in filing false charges against you, you may wish to consider suing for malicious prosecution. There are requirements to succeed in such a lawsuit. You should share the facts of your case with an attorney to see if you qualify.

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Answered on 10/04/13, 8:48 am


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