Case Dismissed When Tenant Testified He No Longer Sought Restoration to Possession

March 28, 2022

LVT Number: #31914

Tenant sued landlord for illegal lockout from his apartment. Pending a hearing on tenant's emergency order to show cause, the court directed landlord not to re-rent or remove any of the apartment contents. Tenant appeared at a court hearing and testified that he was "told to move out." While he was in the process of doing so, the lock was changed and he couldn't enter the apartment. Tenant also testified that he had found a new apartment and didn't want to move back into the unit in landlord's building. Still, he needed to retrieve his possessions.

Tenant sued landlord for illegal lockout from his apartment. Pending a hearing on tenant's emergency order to show cause, the court directed landlord not to re-rent or remove any of the apartment contents. Tenant appeared at a court hearing and testified that he was "told to move out." While he was in the process of doing so, the lock was changed and he couldn't enter the apartment. Tenant also testified that he had found a new apartment and didn't want to move back into the unit in landlord's building. Still, he needed to retrieve his possessions. Landlord didn't appear for the court hearing. Since tenant no longer sought to be restored to possession under Real Property Actions and Proceedings Law (RPAPL) Section 713(10), the court was required to dismiss the case without making any findings about an illegal lockout. The case was dismissed without prejudice. Tenant could seek all available remedies in a plenary action against landlord, including triple damages, under RPAPL Section 853.

Ramjohn v. Khan: Index No. L&T10025/22, 2022 NY Slip Op 50104(U)(Civ. Ct. Queens; 2/17/22; Sanchez, J)

Topics

More like this