Court Won't Restore Occupant Unlawfully Evicted from Condo

A condominium unit owner sued the building owner, claiming illegal lockout. A lender had obtained a foreclosure judgment against the unit owner in 2009 although a sale had not yet occurred. The court ruled against the unit owner. The unit owner still had a right to possession, and it was undisputed that the building owner locked out his licensee. But restoration to the premises wasn’t an appropriate remedy despite the unlawful eviction. It would only forestall the inevitable eviction. In this case, the unit owner hadn’t maintained the apartment as his home for at least three years, the individual who was locked out never appeared in court to testify, and the unit owner admitted in court that the sole purpose of maintaining a connection to the apartment was to forestall a foreclosure auction long enough to sell the apartment for as much money as possible. In the meantime, the unit owner was in arrears to the condo for over $100,000 in common charges.

Penaflorida v. The Coply Condominium and Club: Index No. 66465/2014, NYLJ No. 1202672577557 (Civ. Ct. NY; 9/25/14; Stoller, J)