6. [Fourth Fed. Action]
Action No. 16-847 Smalls v. Riviera Towers
Corp., Buckalew Frizzell Crevina LLP First
Service Residential, American Express Bank FSB., PHH
Mortgage Corp., Fannie Mae, Coldwell Banker, American
Movers, Inc., West New York Police, Hudson County
Prosecutor's Office, Hon. Chris Christie, Hon.
Robert Menendez, Hon. Stanley Chesler, Hon. Theodore
McKee, Hon. Glenn Grant, Carlo Abad, Amariliz A.
Diaz, Paul Blaine, Michael E. Camprion, Michael
Signorile, Kenneth Blaine, Robert Buckalew, Anthony
Iacono, Lourdes Mercado
Same causes of action as earlier federal cases
arising out of the eviction of Plaintiff from and
subsequent sale of her West New York apartment.
(Plaintiff also alleged § 1983 Violations for
“certain protections guaranteed to her by the
Fourth, Fifth, Seventh, Eighth, Ninth, and Fourteenth
• By Opinion and Order dated 21, 2017, this
Court dismissed claims against Riviera Towers and
Blane, PHH, AmEX, Buckalew Frizzell, and Fein Such,
under doctrine of res judicata, as well as failure to
state a claim. Court dismissed those claims under
principles of immunity and failure to state a
As to Defendants Senator Menendez, Governor Christie,
Judges McKee, Chesler, Diaz, Grant, AUSA Blaine, and
the Hudson County Prosecutor's Office, the Court
dismissed those claims under principles of immunity
and failure to state a claim.
As to West New York, the claims were dismissed on
several grounds, failure to state a claim, statute of
limitations, and failure to state a claim. The Court
vacated the default entered against Signorile and
dismissed the claim against him for failure to state
a claim. Although the court did not specifically
address Defendants Coldwell Banker and Lourdes
Mercado, the Court found that Plaintiff failed to
state claims against them under 18 U.S.C.
§§ 241 and 242. They are not state actors
and the allegation that they “participated in
the illegal sale” is conclusory. Despite the
lack of merit of any of Plaintiff's claims, the
Court afforded Plaintiff an opportunity to seek leave
of the Court within 20 days to amend her Complaint,
and Plaintiff failed to do so. As a result, all
claims on the merits were dismissed with prejudice.
Hoffman, supra (all claims against Riviera
Towers, Blane, PHH, AmEx, Buckalew Frizzell, and Fein
Such were on non-merits grounds, see Hoffman,