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Block the blacklist in supreme court?

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Block the blacklist in supreme court?

Postby chinatown blues » Mon Apr 11, 2011 5:03 pm

I read somewhere on this forum that it might be possible to ask the Supreme Court to restrict a landlord from Housing Court, and exposing me to blacklisting as a result. I think my landlord is slightly unhinged (and can document a number of claims he's made and behaviors that are inappropriate) and in my dealings with him he's threatened to sue me a number of times. I'm pretty sure I'd win hands down if it ever came to court - this guy is a real case - but nevertheless I want to avoid getting blacklisted if I try to establish my rights. I'm a little worried that he's so ignorant and trigger-happy as far as filing court papers, that he'll get me blacklisted with his own stupidity. Even if I win, it'll be too late for the blacklist - any thoughts if this is possible?

I've been looking on the internet and haven't found any additional information on this option, so don't know if it's feasible.

Sorry for the repeated posts and questions. Just trying to understand all the angles in my currently very complicated dealings with this guy.
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Postby TenantNet » Mon Apr 11, 2011 5:14 pm

Look in the Reference section of the Forum. Yes there was a case where the tenant took the initiative and filed a case in Supreme Ct. before the LL had a chance to file in Housing Ct., and precluding the use of the blacklist. If I remember it was handled by tenant attorney James Fishman.
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Postby chinatown blues » Mon Apr 11, 2011 5:45 pm

Great! Any idea what key words I can use to look it up? Entering Fishman's name gets so many hits that I haven't been able to find it that way. It sounds like something definitely worth reading!
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Postby TenantNet » Mon Apr 11, 2011 5:54 pm

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Postby chinatown blues » Mon Apr 11, 2011 7:02 pm

Thanks so much. Read it, and I think I get the basic gist. But it doesn't seem that this is a common practice and wonder whether it is even a realistic option for me? Definitely doesn't seem like a DIY option for someone without a lawyer, but I can't really afford one.

I'm looking at a potential s--t storm from every side if I do anything like try to exercise my rights in my situation.
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Postby MikeW » Tue May 17, 2011 5:13 pm

I would think that all court records are available to, and deceminated by the same services that sell the housing court data. If you go to supreme court, and a potential LL orders all your civil court records, he'd see that the same as a housing court case.
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Postby TenantNet » Tue May 17, 2011 7:07 pm

MikeW, the problem with that option is the ease of access. Yes, court records are supposed to be public, but some court don't always keep old cases on site and it might take weeks to research them.

The blacklist companies get their data computerized and just kick it out for LL inquiries. Most LLs will not go through the time-consuming trouble to get those records. To examine files in Supreme Court (Manhattan) one has to go to the basement of 60 Centre St. For Housing Court the old files are kept off-site and can take weeks to retrieve. The Office of Court Administration sells the raw electronic data for HC cases to third parties; not so with Supreme Ct. cases.
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Postby MikeW » Mon May 23, 2011 11:56 am

^
Actually the services the companies provide is to accumulate, consolidate, and make easily searchable data from disparate courts. I know they've gone to the extent of sending employees to court clerks offices, and having the manually copy out the data for later data entry.

I'm not sure what you want to do. This is public information, publicly deceminated. The issue is not so much the data (as long as it's correct and complete), but how it's being used.
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