New Trial Required on Damages Amount for Wrongful Eviction

July 31, 2004

LVT Number: 17477

Former tenant sued landlord for damages based on wrongful eviction. The court ruled against tenant after a trial. Tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. It was undisputed that tenant was wrongfully evicted. Tenant claimed damages for loss of personal property, much of which had no market value. Tenant didn't have receipts for this property, but she didn't need them. She could testify as to the actual monetary loss, value of the property to her, reasonable value, condition of the property at the time of loss, and extent of the damage.

Former tenant sued landlord for damages based on wrongful eviction. The court ruled against tenant after a trial. Tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. It was undisputed that tenant was wrongfully evicted. Tenant claimed damages for loss of personal property, much of which had no market value. Tenant didn't have receipts for this property, but she didn't need them. She could testify as to the actual monetary loss, value of the property to her, reasonable value, condition of the property at the time of loss, and extent of the damage. The trial court hadn't given tenant the chance to present this proof.

Foxworth v. Tjutjulis: NYLJ, 7/13/04, p. 29, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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