Landlord Liable for Wrongful Eviction

Facts: Landlord sued to evict tenant for nonpayment of rent in 1996. Tenant didn't appear in court, and landlord got a judgment and eviction warrant. Shortly after, tenant asked the court to vacate the default judgment and warrant. The court did so. At the same time, landlord and tenant signed a settlement agreement in court agreeing that tenant would pay back rent and landlord would make repairs. Landlord later asked the court for a judgment and eviction warrant based on tenant's failure to comply with the settlement agreement. Tenant again didn't appear in court. The court ruled for landlord based on tenant's default. Landlord didn't get a new eviction warrant. But tenant was evicted under the old warrant that had been vacated. Tenant then sued landlord, its law firm, and the city marshal for unlawful eviction. The court ruled against landlord, and landlord appealed. Court: Landlord loses. Landlord is responsible for the illegal eviction. Landlord should have gotten a new eviction warrant. Landlord has a claim against its law firm, which was responsible for the actions leading to the actual eviction, but landlord was still responsible in relation to tenant.

Mayes v. UVI Holdings, Inc.: NYLJ, 5/24/01, p. 20, col. 6 (App. Div.1 Dept.; Mazzarelli, JP, Andrias, Wallach, Lerner, Rubin, JJ)