Courtroom Success 2015-33: New York Partner Brian Heermance & Associate Chris Keenoy

New York Partner Brian Heermance and Associate Chris Keenoy prevailed on their motion to dismiss a complaint filed by two homeless shelter residents against our client (the homeless shelter). Plaintiffs’ complaint alleged various grievances against our client including acting in an arbitrary, capricious, and malicious manner, reneging on promises regarding programs/placements, failure to accommodate particular medical/dietary needs, and violations of the Fire Code. Plaintiffs sought not only monetary damages but asked that the shelter be closed due to the violations. Brian and Chris established that all violations had been brought up to code so that the relief plaintiffs sought was moot and the shelter did not need to be closed. With regard to the remainder of plaintiffs’ allegations, Brian and Chris argued that that plaintiffs failed to state a claim. The Court agreed and dismissed the complaint in its entirety.