Landlord Not Responsible for Damage to Tenant's Property by Marshal

February 17, 2015

LVT Number: #25968

Tenant sued landlord for damage due to loss of personal property. Tenant was evicted by a city marshal, who removed her belongings and put them in storage. The court later restored tenant to possession. But tenant claimed that some of her belongings were missing or had been damaged when moved to storage. Landlord asked the court to dismiss the case. The court and appeals court ruled against tenant. Since the eviction was carried out in accordance with the eviction warrant, landlord wasn't responsible for any damage to tenant's property caused by the marshal. 

Tenant sued landlord for damage due to loss of personal property. Tenant was evicted by a city marshal, who removed her belongings and put them in storage. The court later restored tenant to possession. But tenant claimed that some of her belongings were missing or had been damaged when moved to storage. Landlord asked the court to dismiss the case. The court and appeals court ruled against tenant. Since the eviction was carried out in accordance with the eviction warrant, landlord wasn't responsible for any damage to tenant's property caused by the marshal. 

Sialeu v. NYCHA: 2015 NY Slip Op 00354, 2015 WL 160832 (App. Div. 2 Dept.; Dillon, JP, Miller, Maltese, Duffy, JJ)

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