Muka v. Hancock, Estabrook, Ryan, Shove & Hust

• Decision Date: 01 June 1983
• Citation: 120 Misc.2d 146,465 N.Y.S.2d 416
• Court: New York Supreme Court
• Parties: Betty O. MUKA, Plaintiff, v. HANCOCK, ESTABROOK, RYAN, SHOVE & HUST, et al., Defendants.

Page 416

465 N.Y.S.2d 416

120 Misc.2d 146

Betty O. MUKA, Plaintiff, v. HANCOCK, ESTABROOK, RYAN, SHOVE & HUST, et al., Defendants.

Supreme Court, Onondaga County.

June 1, 1983.

Hancock, Estabrook, Ryan, Shove & Hust, Syracuse, for defendants.

Betty O. Muka, pro se.

DECISION

JOHN R. TENNEY, Justice.

Plaintiff, appearing pro se, has commenced a series of actions against numerous defendants. Defendants have moved to dismiss the complaints for failure to state a cause of action, and this motion is granted with costs.

Defendants also have moved to permanently enjoin prosecution of suits by plaintiff appearing pro se. It is contended that plaintiff has repeatedly engaged in a course of conduct of commencing repetitious, baseless and harassing lawsuits and, therefore has forfeited her right to start pro se proceedings. Plaintiff did not appear because she contended that all judges and attorneys have conspired against her, and she would not get a fair hearing.

The Court is advised that plaintiff has commenced innumerable actions throughout the State. The actions have been routinely dismissed, and in each case meritless appeals have been processed unsuccessfully. Many of these cases have been brought against attorneys and numerous judges.

"Although --- 'access to the Courts is one of the cherished freedoms of our system of government' ", Morgan Consultants v. Am. Tel. & Tel. Co., 546 F.Supp. 844, 848 (1982), there comes a point when limits should be imposed. While the judiciary should grant great latitude to a pro se litigant, People v. Muka, 72 A.D.2d 649, 650, 421 N.Y.S.2d 438, it cannot turn its back to the rights of others. "When it becomes clear that the courts are being used as a vehicle of harassment by a 'knowledgeable and articulate experienced pro se litigant' ... the issuance of an injunction is warranted." Kane v. City of New York, 468 F.Supp. 586, 590. The interests to be fostered by prohibiting the type of pro se litigations are significant. Such suits subject innocent parties to the expense and effort of mounting a defense, are a drain on already sparse judicial resources and unnecessarily deplete public funds.

The problem is aggravated by the difficulty of imposing meaningful sanctions for abuse upon parties appearing pro se. Were plaintiff represented by an attorney, such attorney would be bound by the Code of Professional Responsibility. He would be required to represent his client zealously, but within the bounds of the law. Code...