Landlord Liable for Wrongful Eviction

February 1, 2000

LVT Number: 13829

Tenant sued landlord for wrongful eviction. The court ruled for tenant without a trial, and landlord appealed. The appeals court ruled for landlord, in part. Landlord blamed its attorneys and the city marshal for any wrongful eviction that may have occurred. But landlord can't claim it wasn't responsible for the wrongful eviction. Landlord had a full opportunity to raise that issue before the lower court. However, there were questions of fact as to whether tenant had a valid claim to the apartment. So the lower court was wrong to rule in tenant's favor without holding a trial.

Tenant sued landlord for wrongful eviction. The court ruled for tenant without a trial, and landlord appealed. The appeals court ruled for landlord, in part. Landlord blamed its attorneys and the city marshal for any wrongful eviction that may have occurred. But landlord can't claim it wasn't responsible for the wrongful eviction. Landlord had a full opportunity to raise that issue before the lower court. However, there were questions of fact as to whether tenant had a valid claim to the apartment. So the lower court was wrong to rule in tenant's favor without holding a trial.

Mayes v. UVI Holdings, LLC: NYLJ 1/6/00, p. 27, col. 2 (App. Div.1 Dept.; Rosenberger, JP, Williams, Lerner, Saxe, Buckley, JJ)

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