Daughter Wrongfully Evicted by Family Member

September 30, 2010

LVT Number: #22919

Landlord's daughter sued her brother to determine who owned a building after landlord, their father, died. The daughter claimed that the brother had wrongfully evicted her from the building. The court ruled for the daughter. Under a 2001 deed, the daughter was made a co-owner with the father. The brother claimed that a later deed in 2002 transferred the building instead to him and another sister. The court found that the 2001 deed was valid and the 2002 deed void. So the daughter owned the building and was improperly kept out of it.

Landlord's daughter sued her brother to determine who owned a building after landlord, their father, died. The daughter claimed that the brother had wrongfully evicted her from the building. The court ruled for the daughter. Under a 2001 deed, the daughter was made a co-owner with the father. The brother claimed that a later deed in 2002 transferred the building instead to him and another sister. The court found that the 2001 deed was valid and the 2002 deed void. So the daughter owned the building and was improperly kept out of it. She was entitled to treble damages totalling $534,000, equal to 100 percent of the value of the use and occupancy of the property.

Estate of Neustein: Index No. 4714/02, NYLJ 1202472348038 (Surr. Ct. Kings; Johnson, J; 9/13/10)

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