Landlord Wrongfully Evicted Tenant After Fire

Facts: Tenant moved out of the apartment temporarily after a fire. Landlord made repairs, then sold the building to new landlord. New landlord sent tenant a 10-day termination notice. Then, instead of starting an eviction proceeding against tenant, new landlord simply rented the apartment to new tenants. Tenant then sued landlord, seeking restoration to possession. Court: Tenant wins. Tenant's lease contained a clause stating that landlord could not terminate the lease if, prior to termination, he decided to rebuild after a fire. Since landlord did so, tenant's lease continued. In addition, new landlord's termination notice was dated a month prior to the date the deed was executed. So new landlord didn't have legal title to the building, and her termination notice was invalid. Landlord had to let tenant move back into the apartment, and new tenants had to move out or else be evicted.

McKinsey v. Calla: NYLJ, 11/6/06, p. 22, col. 3 (Civ. Ct. NY; McClanahn, J)