Full question:
I plan to file claim against my co-op board in small claims court, to seek reimbursement for fees I paid them that were basically extortion and abuse of power. Is that legitimate? Also can emotional distress and harrassment and/or defamation be heard in the same claim, as long my claim is below $5,000, the limit in Small Claims Court? Should I wait and file separately for the harrassment etc?
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: New York
Answer:
Your claim's legitimacy will depend on the specific facts and circumstances, such as whether the fees were obtained through false pretenses or abuse of power. The board's actions will be evaluated based on the association's bylaws and governing documents.
Regarding emotional distress claims, the ability to file in small claims court varies by jurisdiction. Some courts may not allow claims for libel or slander, nor award non-economic damages. Generally, it's advisable to include all claims in a single lawsuit to avoid waiving the right to pursue them later due to legal doctrines like estoppel or res judicata, and to conserve judicial resources.
For more information on extortion laws, you can refer to the relevant statutes, such as the definition of larceny and extortion (N.Y. Penal Law § 155.05).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.