BM&S Partner Sheryl Sanford and Associate Nicholas Lamari Secure Dismissal of All Claims Against Homeless Shelter Pursuant to CPLR § 3211

Black Marjieh & Sanford LLP is pleased to announce that Partner Sheryl Sanford and Associate Nicholas Lamari recently secured dismissal of all claims asserted against the firm’s client, a homeless shelter that provided services to families in need.

The plaintiffs’ complaint stemmed from shelter and New York City Department of Homeless Services (DHS) procedures pertaining to fire drills and inspections of residents’ units. The plaintiffs claimed that the facility’s check-ins and fire drills were “discriminatory” and resulted in emotional distress.

In their pre-answer motion to dismiss, Sanford and Lamari argued that, as residents of a shelter operating under the auspices of DHS, the plaintiffs were required to exhaust all available administrative remedies before commencing the lawsuit. Sanford and Lamari also argued that the plaintiffs were using the complaint to file improper orders to show cause in an effort to bypass shelter rules. As stated in their moving papers, “plaintiffs should not be permitted to short-circuit and create precedent undermining the administrative processes and remedies available to them as this will only open the floodgates to more litigation.”

In close collaboration with the client’s legal team, Sanford and Lamari demonstrated that the facility was acting pursuant to safety protocols and regulations that the plaintiffs had specifically agreed to follow upon admission to the shelter. The Bronx County Supreme Court agreed, stating, “as shelter residents, plaintiffs are bound by the rights and responsibilities articulated in intake documents that they acknowledged and signed.” The Court subsequently granted the motion to dismiss in its entirety. Sanford and Lamari also successfully opposed the plaintiffs’ related order to show cause.