Court Restores Evicted Tenant to Possession of Apartment

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default, and tenant was evicted. Tenant later asked to be restored to possession. The court ruled for tenant. Landlord appealed and lost. Tenant was a senior citizen living on a public assistance rent subsidy with long-standing and substantial ties to the apartment. Landlord was on notice before starting the case that tenant would be out of the country, and, upon eviction, landlord moved another tenant into the apartment although that tenant had occupied a different apartment in the building. The other tenant's one-year lease for the apartment had now expired, and he took no position on how the court should rule on tenant's appeal.

Emerald 115 Mosholu, LLC v. Smith: 57 Misc.3d 155(A), 2017 NY Slip Op 51624(U) (App. T. 1 Dept.; 11/29/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)