Licensee Can't Be Restored to Possession

January 1, 1999

LVT Number: 12879

Licensee who occupied church sued landlord for wrongful eviction and sought restoration to possession under RPAPL section 713. The court ruled for licensee, and landlord appealed. The appeals court reversed the decision and ruled for landlord. Licensee didn't actually have possession of any portion of the church at the time he brought the court case. So he couldn't sue landlord under RPAPL section 713.

Licensee who occupied church sued landlord for wrongful eviction and sought restoration to possession under RPAPL section 713. The court ruled for licensee, and landlord appealed. The appeals court reversed the decision and ruled for landlord. Licensee didn't actually have possession of any portion of the church at the time he brought the court case. So he couldn't sue landlord under RPAPL section 713.

Barclay v. Natoli: NYLJ, p. 24, col. 1 (12/30/98) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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