New Landlord Illegally Evicted Tenant

Facts: Receiver sued to evict tenant for nonpayment of rent. Tenant didn't show up in court, and receiver got an eviction warrant. While the warrant was pending, new landlord bought the building, and evicted tenant one month later. New landlord also re-rented the apartment. Tenant then asked the court to restore her to possession, claiming that new landlord had illegally evicted her. Tenant argued that new landlord couldn't evict her because it hadn't been a party to the original case. Tenant also claimed she'd paid the rent due. New landlord claimed that the eviction was proper because it had stepped into the shoes of the receiver when it bought the building. Court: Tenant wins, in part. New landlord couldn't evict tenant because it had never been substituted for receiver in the pending case, and had never changed landlord's name on the eviction warrant. But landlord won't need to restore tenant to possession because she didn't prove she'd paid the rent due.

Kohl v. Fusco: NYLJ, p. 27, col. 4 (12/28/94) (Civ. Ct. Bronx; Heymann, J)