Civil Court Can't Award Damages for Illegal Eviction Claim

April 30, 2003

LVT Number: 16530

Tenant sued landlord in housing court, claiming illegal eviction. Tenant asked the court to restore her to possession of the apartment. The court ruled for tenant. Tenant then asked the court to award her damages. The court transferred the case to the civil court for a hearing. The civil court ruled for tenant and awarded her $18,000. Landlord appealed and won. This case was a ''summary proceeding'' started in housing court. The court didn't have the authority to award damages in this kind of case.

Tenant sued landlord in housing court, claiming illegal eviction. Tenant asked the court to restore her to possession of the apartment. The court ruled for tenant. Tenant then asked the court to award her damages. The court transferred the case to the civil court for a hearing. The civil court ruled for tenant and awarded her $18,000. Landlord appealed and won. This case was a ''summary proceeding'' started in housing court. The court didn't have the authority to award damages in this kind of case.

Kiryankova v. Brovkina: NYLJ, 4/30/03, p. 21, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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