No Proof Marshal Stole Tenant's Property During Eviction

Former tenant was evicted after landlord obtained a judgment of possession and eviction warrant in housing court. Former tenant later sued a New York City marshal, claiming that the marshal stole some of his personal property when recovering possession for landlord and moving tenant's possessions to a storage facility. Specifically, tenant claimed that electronics were stolen. The court ruled for the marshal and dismissed the case. Tenant had notice of when his property would be moved but didn't appear at the apartment that day to confirm what was there and what was being moved by the marshal. The marshal prepared an inventory of what was in the apartment when he moved tenant's possessions. Tenant presented no proof that there were other items not on the marshal's list. Tenant also hadn't retrieved his property from the storage facility. 

Tunne v. Halpern: Index No. 4508973/2014, NYLJ No. 150279670 (Sup. Ct. NY; 10/27/17; Schecter, J)