Tenant Didn't Wait Too Long to Claim Illegal Eviction

April 30, 1997

LVT Number: 11421

Tenant sued landlord for illegal eviction, claiming he was locked out of his apartment. Landlord claimed that tenant waited too long to sue since more than 11 months had gone by and landlord had rerented the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for a trial. Tenant's supposed delay wasn't a defense for landlord because if tenant was illegally evicted, tenant had the right to be reinstated.

Tenant sued landlord for illegal eviction, claiming he was locked out of his apartment. Landlord claimed that tenant waited too long to sue since more than 11 months had gone by and landlord had rerented the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for a trial. Tenant's supposed delay wasn't a defense for landlord because if tenant was illegally evicted, tenant had the right to be reinstated. The court ruled that the new tenants must also be made parties to the lawsuit.

Carpio v. Crowley: NYLJ, p. 32, col. 2 (4/24/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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