Landlord Who Illegally Evicted Tenant Must Restore Tenant to Re-rented Apartment

Tenant sued landlord for illegal eviction and sought restoration to the apartment. The court ruled for tenant based on landlord's failure to appear. Landlord then asked the court to vacate the default judgment against her, claiming she wasn't served with tenant's court papers. Landlord also claimed that tenant had abandoned the apartment, and she therefore had re-rented it to a new tenant. The court ruled against landlord, finding her testimony not credible, and ruling that landlord failed to show a reasonable excuse for her default or a meritorious defense to tenant's proceeding. Since landlord didn't show proof that tenant had abandoned the apartment, tenant's leasehold continued despite the wrongful dispossession. Landlord had no leasehold to convey to the new tenant. The court ordered landlord to restore tenant to possession of the apartment immediately.

Howard v. Grant: 73 Misc.3d 1205(A), 2021 NY Slip Op 50938, NYLJ No. 1634066170 Civ. Ct. Bronx; 8/27/21; Black, J)