Tenant Can't Sue Landlord for Removing Property After Court Ruling Permitted Removal

Former tenant and another person sued landlord for breach of bailment and emotional distress, claiming that landlord had removed and damaged personal property from an apartment after tenant's eviction. Landlord asked the court to dismiss the case without trial. The court ruled for landlord.

Tenant and the other claimant appealed and lost. In the separate civil court eviction proceeding, the court had ruled that landlord was entitled to remove tenant's property after eviction without liability. And while the other individual who sued landlord wasn't a party in the eviction proceeding, she was in privity with the tenant. Tenant had a full and fair opportunity to appeal the housing court decision and failed to do so. Tenant couldn't collaterally attack that decision through this lawsuit. The lower court in this case also had properly determined that the conduct alleged here didn't rise to a level of extreme and outrageous behavior that supported an emotional distress claim.

Gregg v. Chen: Index No. 100052/19, Case No. 2022-00324, 197 NYS3d 285, 2023 NY Slip Op 04993 (App. Div. 2 Dept; 10/4/23; Nelson, JP, Miller, Ford, Dowling, JJ)