Landlord Can Evict Occupants After Tenant Defaults in Nonpayment Proceeding

Landlord sued to evict tenant for nonpayment of rent. After tenant failed to answer or otherwise appear in court, the court entered a default judgment against tenant and "all other persons" residing in the apartment. After the marshal executed the eviction warrant and removed everyone from the apartment, two people who claimed they were living there when the marshal showed up asked the court to restore them to possession.

The court ruled against the two individuals. Even if they were denied due process, the court found that it would be futile to restore the occupants to possession, since a subsequent proceeding would have resulted in their certain eviction. It was undisputed that tenant had moved out of the apartment and the occupants had no independent right to remain. The court noted that the occupants could pursue any claim for damages against landlord or the marshal in a separate plenary proceeding. 

Parkash 2125 LLC v. Galan: Index No. 12916/2018, 2018 NY Slip Op 28273 (Civ. Ct. Bronx; 9/6/18; Weisberg, J)