Landlord and Attorneys Liable for Wrongful Eviction

Facts: Landlord sued to evict tenant for nonpayment of rent. The court issued a judgment and warrant to landlord based on tenant's failure to appear in court. Soon after, tenant asked the court to vacate the judgment and warrant. Landlord and tenant then signed a settlement agreement by which tenant agreed to pay back rent in installments and landlord agreed to make repairs. They also agreed to vacate the judgment and warrant. A few months later, landlord asked the court to vacate the settlement agreement and issue a new judgment and warrant based on tenant's failure to make payments. The court ruled for landlord. Tenant was soon evicted. Tenant then sued landlord and its attorneys, claiming wrongful eviction. Court: Tenant wins. Landlord never got a new eviction warrant after the second court order was issued. Tenant was evicted under the old warrant, which had been vacated by the settlement agreement. Whether this was on purpose or by mistake, tenant was evicted under an invalid warrant. As a result, landlord and its attorneys were responsible for damages suffered by tenant.

Mayes v. UVI Holdings, Inc.: NYLJ, 3/30/01, p. 17, col. 3 (App. Div.1 Dept.; Mazzarelli, JP, Andrias, Wallach, Lerner, Rubin, JJ)