Landlord Can't Bring Eviction Action After Tenant Moved Out

April 1, 1996

LVT Number: 10522

Landlord sued to evict tenant in Suffolk County. The court ruled for landlord, awarding him possession but only a small amount of back rent. Landlord appealed. The appeals court ruled against landlord and dismissed the case. Landlord brought the eviction action in January 1995, but tenant had moved out and given back the keys in May 1994. Since tenant wasn't in possession of the unit, landlord couldn't bring a summary proceeding, by which he was apparently trying to obtain a judgment for back rent.

Landlord sued to evict tenant in Suffolk County. The court ruled for landlord, awarding him possession but only a small amount of back rent. Landlord appealed. The appeals court ruled against landlord and dismissed the case. Landlord brought the eviction action in January 1995, but tenant had moved out and given back the keys in May 1994. Since tenant wasn't in possession of the unit, landlord couldn't bring a summary proceeding, by which he was apparently trying to obtain a judgment for back rent.

D'Arienza v. Juliano: NYLJ, p. 34, col. 6 (3/27/96) (App. T. 2 Dept.; Collins, JP, Ingrassia, Luciano, JJ)

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