Blitz v. BLDG Management Co., Inc.
- Ronnie Abrams
- 1:20-cv-05462
- U.S. District Court · Southern District of New York
- 2
In Blitz v. BLDG Management, Judge Abrams denied Newman’s request for injunctive relief because she appeared to have no substantive claims against Blitz.
Wendi Newman’s request for injunctive relief against Richard J. Blitz was denied; the order also noted that her outstanding counterclaims against BLDG Management Co., Inc. remained.
What happened
In Blitz v. BLDG Management Co., Inc., Wendi Newman asked the court to require Richard Blitz to explain why he should not be barred from banging on walls and the ceiling near their apartments. She also requested a temporary order stopping that conduct while her application was pending.
The court explained that an injunction is a remedy, not an independent legal claim. Newman had ongoing counterclaims against landlord BLDG Management Co., Inc., but she did not appear to have a substantive claim against Blitz himself.
Judge Ronnie Abrams denied Newman’s application. The court said it could not grant injunctive relief against Blitz without a substantive claim against him.
The detailed version
- Blitz v. BLDG Management Co., Inc. · No. 1:20-cv-05462
- Ronnie Abrams
- July 20, 2022
Background
Third Party Defendant and Counter Claimant Wendi Newman sought a hearing requiring Plaintiff Richard J. Blitz to show why the court should not issue an order barring him, while the case continued, from banging on the common wall between his apartment and Newman’s apartment, as well as on his ceiling and another wall. Newman also requested a temporary restraining order—an immediate order maintaining the requested restriction while the application was being considered.
Court’s reasoning
The court stated that an injunction is a remedy rather than a separate cause of action. Because Newman did not appear to have a substantive legal claim against Blitz, the court concluded that a request for injunctive relief against Blitz could not stand on its own. The court noted that Newman had outstanding counterclaims against BLDG Management Co., Inc., but those claims did not supply an apparent substantive claim against Blitz.
Ruling
Judge Ronnie Abrams denied the application. The order did not grant the requested hearing, temporary restraining order, or other injunctive relief against Blitz.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.