Kraemer v. Edelstein

2025 NY Slip Op 30623(U)
CourtNew York Supreme Court, New York County
DecidedFebruary 24, 2025
DocketIndex No. 153243/2024
StatusUnpublished

This text of 2025 NY Slip Op 30623(U) (Kraemer v. Edelstein) is published on Counsel Stack Legal Research, covering New York Supreme Court, New York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kraemer v. Edelstein, 2025 NY Slip Op 30623(U) (N.Y. Super. Ct. 2025).

Opinion

Kraemer v Edelstein 2025 NY Slip Op 30623(U) February 24, 2025 Supreme Court, New York County Docket Number: Index No. 153243/2024 Judge: Ariel D. Chesler Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 153243/2024 NYSCEF DOC. NO. 365 RECEIVED NYSCEF: 02/24/2025

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARIEL D. CHESLER PART 62M Justice ---------------------------------------------------------------------------------X INDEX NO. 15324312024 THOMAS D KRAEMER, NIA, 0811512024, Plaintiff, NIA, 11/1412024, - V - MOTION DATE 0111712025, NIA

FLORENCE EDELSTEIN, MICHAEL 001002003 EDELSTEIN, MAJESTIC REALTY MOTION SEQ. NO. _ _0_04_0_0_5_0_0_6_ CORPORATION, CHRISTOPHER DUVAL, LISA SPITALE, & THE CITY OF NEW YORK, DECISION+ ORDER ON MOTION Defendant. ---------------------------------------------------------------------------------X

BACKGROUND

Between 2014 and 2015, plaintiff was involved in a Housing Court proceeding with his

landlord, Majestic Realty Corp. and his landlords the Edelstein defendants. Ultimately, in 2015 he

was evicted from his apartment.

In a series oflawsuits filed in the Southern District by plaintiff between 2014 and 2019, he

alleged various claims against, among others, the Edelstein defendants, Majestic Realty

Corporation, the New York City Department of Housing, Preservation, and Development (HPD),

the New York State Division of Housing and Community Renewal (DHCR), the Housing Court

Judge who presided over the eviction proceedings, and the city marshal who carried out the

eviction. 1

1 See Kraemer v. Edelstein, No. 14-CV-3804 (LAP), 2014 U.S. Dist. LEXIS 197733 (S.D.N.Y. June 9, 2014); Kraemerv. Fontno, No. 14-CV-9343 (LAP), 2015 U.S. Dist. LEXIS 190013 (S.D.N.Y. Mar. 18, 2015); Kraemerv. Fontno, No. 15-CV-1755 (PKC), 2015 U.S. Dist. LEXIS 190014 (S.D.N.Y. Apr. 1,

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As noted by Judge Loretta A. Preska in her 2014 decision, the "The gravamen of this

complaint is that Defendants have negligently responded to Plaintiffs efforts to remedy the

condition of his apartment" which had made been uninhabitable by mites. However, in other

subsequent suits, plaintiff alleged that the landlord purposely pumped poison fumes into his

apartment and also that HPD, the Housing Court Judge, and the marshal had failed to carry out

their duties, committed fraud and/or engaged in other unlawful behavior.

In one of the suits, Plaintiff alleged "that unnamed individuals drugged his daughter to

prevent her from providing testimony, while also coercing her to testify; that unnamed individuals

kidnapped his daughter to force him to stop pursuing an appeal; and that his 'daughter was

overdosed twice on appeal. And twice while in captivity until she convulsed causing permanent

mental impairment."' He further alleged "that there is far-reaching conspiracy to tamper with his

lawsuits that began after he discovered, approximately 17 years ago, that his daughter was being

abused." Plaintiff asserted that his daughter was severely abused by individuals in Pennsylvania.

Judge Preska dismissed plaintiffs various filings on numerous grounds, including lack of

subject matter jurisdiction, failure to state a claim, and immunity. In her 2017 decision (see

Kraemer v. Edelstein et al., No. 17-CV-2910 [LAP][S.D.N.Y. Sep. 19, 2017]), she also dismissed

claims against defendant Florence Edelstein on the grounds of res judicata since virtually identical

claims had been raised in earlier actions. To the extent plaintiff had pleaded state law claims, Judge

Preska declined to exercise supplemental jurisdiction over the same.

Moreover, in her 2017 decision, Judge Preska found:

2015); Kraemer v. Edelstein, No. 15-CV-9839 (LAP), 2016 U.S. Dist. LEXIS 190266 (S.D.N.Y. Jan. 26, 2016); Kraemer v. Edelstein et al., No. l 7-CV-2910 [LAP], 2017 US Dist LEXIS 153504 [S.D.N.Y. Sep. 19, 2017]); Kraemer v Edelstein, 18-CV-9804 [LAP], 2018 U.S. Dist. LEXIS 185006 [SDNY October 25, 2018]); Kraemer v. City ofNew York, 19-CV-6671 [VEC], Not Reported in Fed. Supp., 2020 WL 1974204 [SDNY April 24, 2020]). 153243/2024 KRAEMER, THOMAS D vs. EDELSTEIN, FLORENCE ET AL Page 2 of 12 Motion No. 001 002 003 004 005 006

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Plaintiffs filing history evinces a pattern of vexatious, duplicative, and nonmeritorious litigation. Plaintiff has filed multiple lawsuits that assert the same claims, concern the same defendants, and arise out of the same events. Plaintiffs submissions, which are dense, repetitive, and difficult to decipher, needlessly force the Court to expend considerable resources.

Accordingly, Judge Preska barred plaintiff from filing any new actions without leave of

court. And, in fact in 2018, Judge Preska dismissed yet another action filed by plaintiff because he

had not first sought leave of court (see Kraemer v Edelstein, 18-CV-9804 [LAP][SDNY October

25, 2018]).

However, in yet another action filed in the Southern District by Plaintiff in 2019, he alleged

similar claims, and included Lisa Spitale and New York City as defendants. In an April 24, 2020

decision, Judge Valerie Caproni dismissed the action as frivolous, noting that it was time barred

and barred by res judicata. Finally, the case was also dismissed because the Court found the

allegations are "fanciful" and "factually frivolous, even when liberally construed." (see Kraemer

v. City of New York, 19-CV-6671 [VEC], Not Reported in Fed. Supp., 2020 WL 1974204 [SDNY

April 24, 2020]).

THIS ACTION

In April 2024, plaintiff filed a complaint in this action alleging a variety of purported causes

of action, including, inter alia, Fraud on the Court, Subornation of perjury, offering a false

instrument in the first degree, offenses against postal laws/use of mail to defraud, forgery, grand

larceny in the first degree, destruction of government database records, forced labor/human

trafficking, and organized assault. Plaintiff also filed motions in this action for a temporary

restraining order and for default against Defendant-City of New York.

Defendants appeared in this action through their respective counsel and moved for

dismissal of the complaint. For the reasons stated below, the Court dismisses this action in its

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entirety as the complaint filed by Plaintiff is utterly meritless. Further, based upon the vexatious

nature of this specific Plaintiff the Court finds it necessary to enjoin Plaintiff from filing any other

lawsuits against the above-named defendants and their counsel, absent leave of court.

DISCUSSION

I. Florence & Michael Edelstein

Defendants Florence and Michael Edelstein ("Edelstein Defendants") were former landlords

to Plaintiff. In an earlier housing court proceeding, Plaintiff failed to appear and was duly evicted.

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2025 NY Slip Op 30623(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraemer-v-edelstein-nysupctnewyork-2025.