Occupant Illegally Locked Out

June 30, 1993

LVT Number: 7070

Occupant sued landlord after being locked out of the apartment. The trial court ruled that occupant was illegally locked out, and landlord appealed. The appeals court ruled that landlord should have sued to evict occupant as either a licensee or subtenant. Occupant had lived in the apartment for 10 years as a subtenant, and had recently told landlord that tenant was passing the apartment on to him. Landlord's appeal was dismissed.

Occupant sued landlord after being locked out of the apartment. The trial court ruled that occupant was illegally locked out, and landlord appealed. The appeals court ruled that landlord should have sued to evict occupant as either a licensee or subtenant. Occupant had lived in the apartment for 10 years as a subtenant, and had recently told landlord that tenant was passing the apartment on to him. Landlord's appeal was dismissed.

Bono v. 39 Fifth Avenue Owners Corp.: NYLJ, p. 28, col. 6 (6/7/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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