TenantNet Forum

Where tenants can seek help and help others



Question about judges helping pro se tenants

NYC Housing Court Practice/Procedures

Moderator: TenantNet

Question about judges helping pro se tenants

Postby NYHawk » Tue Mar 09, 2004 8:08 pm

anybody know of a case that says a judge is supposed to help a pro se tenant at trial, or at least cut them some slack? thanks.
NYHawk
 
Posts: 347
Joined: Mon Mar 04, 2002 2:01 am

Re: Question about judges helping pro se tenants

Postby Anna » Wed Mar 10, 2004 12:11 am

help? = no: heard many judges explain that they cannot help the tenant... while same judges helped the LLs atty!

cut some slack? = yes: read many HC decisions to that effect, clueless how to search for them, but see below.

try this other angle: attys are required to inform the court of all relevant laws/decisions, even those against their clients (in the Code of Ethics?): try to get that one enforced!

ROSEN v. CHAVIS
NYLJ, 5/16/01, page 21, col 4
Judge Bedford

Footnote[2] Respondent claims she attended the University of Detroit Law School and completed a criminal and civil internship and practiced under Michigan's GCR 921. Notwithstanding this, the Court has afforded respondent the same leeway as a pro-se.
2215-75 Cruger Apartments, Inc. v. Stovel
2003 N.Y. Slip Op. 23683
N.Y.Sup.App.Term,2003.
July 22, 2003.

[C]ourts generally allow pro se litigants some leeway in the presentation of their case" Stoves & Stones, Ltd. v. Rubens, 237 A.D.2d 280; see also, Matter of Village of Attica v. Nutty, 184 AD2d 1057. It is evident from the record that tenant did not waive the issue of timeliness of service of the notice to cure, but sufficiently preserved the issue...
(also published: NYLJ, page 18, col 1, Jul. 24, 2003)
DEL PIANO v. EQUIFAX CREDIT INFORMATION SERVICES, INC.
New York Law Journal
July 7, 1999

SECOND CIRCUIT

COURT OF APPEALS

This Court has also made clear that “[a] party appearing without counsel is afforded extra leeway in meeting the procedural rules governing litigation, and trial judges must make some effort to protect a party so appearing from waiving a right to be heard because of his or her lack of legal knowledge.” Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993).
The district court erred in not giving the pro se plaintiff “extra leeway,” and in being overly strict in applying the criteria regarding dismissal for failure to prosecute.
Anna
 
Posts: 2538
Joined: Mon Jul 22, 2002 1:01 am
Location: Manhattan

Re: Question about judges helping pro se tenants

Postby NYHawk » Wed Mar 10, 2004 9:30 am

great help, thanks.
NYHawk
 
Posts: 347
Joined: Mon Mar 04, 2002 2:01 am

Re: Question about judges helping pro se tenants

Postby Phil Cohen » Fri Mar 12, 2004 4:43 pm

Many years ago I defended myself pro se--this was in Connecticut--and the judges I encountered for pretrial motions most definitely did NOT provide me with any assistance. One was downright hostile, and the others showed definite bias. I only encountered a couple who seemed the slightest bit fair. Fortunately I "won" the case when the other side's lawyer dropped dead and the new lawyer didn't want to pursue the case. I hope things have changed for the better for pro se defendants.
Keep in mind that I am a tenant. Not a lawyer!!!!!
Phil Cohen
 
Posts: 1016
Joined: Sat Mar 09, 2002 2:01 am


Return to Housing Court - NYC

Who is online

Users browsing this forum: No registered users and 19 guests

cron