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Belfer v. Fidelity Nat'l Title Group

Amended Complaint Fails to Properly Allege Environmental Hazard on Property

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MEMORANDUM & ORDER On January 30, 2018, pro se plaintiff Ellis S. Belfer (“plaintiff”) filed an in forma pauperis complaint against Fidelity National Title Group (“Fidelity”), Ocwen Loan Servicing, LLC (“Ocwen”), Coach Real Estate Associates, Inc. (“Coach”), and Angie Belfer (“Angie”). On September 20, 2018, the Court granted plaintiff’s request to proceed in forma pauperis and issued an Order to Show Cause (“OTSC”) directing plaintiff to show why his claims are not: (1) moot given the sale of the subject property; and (2) barred by the Rooker-Feldman doctrine in so far as plaintiff seeks to challenge the judgment of foreclosure entered in the state court by October 22, 2018.Plaintiff timely responded to the OTSC by letter and seemingly agreed that the claims in his original complaint are now moot. (ECF No. 8.) However, plaintiff separately filed a Letter Motion to Amend his Complaint together with a proposed amended complaint. (ECF No. 9.) The Court grants plaintiff’s request to amend his complaint, but sua sponte dismisses the amended complaint without prejudice for failure to allege a plausible claim for relief pursuant to 28 U.S.C. §1915(e)(2)(B)(ii).I. THE AMENDED COMPLAINTAll material allegations in the amended complaint are assumed to be true for the purpose of this Order, see, e.g., Rogers v. City of Troy, New York, 148 F.3d 52, 58 (2d Cir. 1998) (in reviewing a pro se complaint for sua sponte dismissal, a court is required to accept the material allegations in the complaint as true).Plaintiff’s proposed amended complaint removes Fidelity as a defendant and adds Daniel Gale Sotheby’s International Realty-Stony Brook (“Sotheby’s,” together with Ocwen, Coach, and Angie, “defendants”). He alleges Sotheby’s was his real-estate agent for the purchase of the property at issue. (See Mot. for Am. Compl.

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