There is NO Common Law Claim for Harassment

March 9, 2023by Jeffrey Davis

When I see attorneys include a claim for harassment in their Answer or Complaint, I sigh heavily because unless it’s based on some federal or state statute, it’s not a viable claim in New York. It does not exist. To put it simply, there is no common law cause of action for harassment in New York, and any remedy for harassment derives from statute (see Edelstein v. Farber, 27 A.D.3d 202, 202, 811 N.Y.S.2d 358 (1st Dep’t 2006); Jerulee Co. v. Sanchez, 43 A.D.3d 328, 329, 841 N.Y.S.2d 242 (1st Dep’t 2007). See 1068 Winthrop St. LLC v Zimmerman, 65 Misc 3d 1107, 1118 [Civ Ct 2019].

So, if you receive a Complaint that includes this type of claim for harassment, don’t fret. It likely is some lawyer b.s. designed to intimidate you. It is easily dismissed.