Marshal Evicted Wrong Tenant

June 30, 2002

LVT Number: 15917

Tenant sued a city marshal for damages resulting from unlawful eviction. The marshal asked the court to dismiss the complaint. The court ruled against the marshal, and the marshal appealed.The marshal had evicted the wrong tenant. But landlord had directed the movers to proceed with the eviction and remove tenant's personal property. So the case against the marshal should have been dismissed.

Tenant sued a city marshal for damages resulting from unlawful eviction. The marshal asked the court to dismiss the complaint. The court ruled against the marshal, and the marshal appealed.The marshal had evicted the wrong tenant. But landlord had directed the movers to proceed with the eviction and remove tenant's personal property. So the case against the marshal should have been dismissed.

Diaz v. The City of New York: NYLJ, 6/20/02, p. 20, col. 6 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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