Gross v. The City of New York
- Colleen McMahon
- 1:20-cv-04515
- U.S. District Court · Southern District of New York
- 2
In Gross v. The City of New York, Judge McMahon dismissed Gross’s duplicate housing-rights lawsuit without prejudice to his pending related case.
Abraham Gross’s duplicate lawsuit was dismissed without prejudice; the order concerned the action against the City of New York and the other named defendants.
What happened
In Gross v. The City of New York, Abraham Gross, representing himself, alleged that the defendants violated his rights in connection with housing. He had also filed a substantially similar case that was still pending.
The court said this lawsuit raised the same claims against the same defendants as the pending case, so continuing this duplicate lawsuit would serve no useful purpose. It dismissed this action without prejudice to the pending case, number 20-CV-4340 (CM).
Judge Colleen McMahon also ended all other pending matters in this action. The court denied free legal status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Gross v. The City of New York · No. 1:20-cv-04515
- Colleen McMahon
- June 25, 2020
Background
Abraham Gross, appearing without a lawyer, sued the City of New York and other defendants. He alleged that the defendants violated his rights in connection with housing. The opinion does not describe the underlying housing allegations in greater detail.
Gross had submitted a substantially similar complaint in a separate case, No. 20-CV-4340 (CM), which was still pending. The court stated that the two cases raised the same claims against the same defendants.
Court’s Reasoning
The court concluded that continuing this duplicate lawsuit would serve no useful purpose because the substantially similar case was already pending. The court therefore dismissed this action without prejudice to Gross’s pending action. The opinion also states that Gross could seek to add new defendants, allegations, or claims by asking to amend the complaint in the pending case under Rule 15 of the Federal Rules of Civil Procedure.
Ruling
Chief United States District Judge Colleen McMahon dismissed the complaint without prejudice as duplicative. The Clerk was directed to mail Gross a copy of the order and record service on the docket. All other pending matters in this action were terminated. The court certified that any appeal would not be taken in good faith and denied free legal status for purposes of an appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.