Tenant Left Property After Being Evicted

April 30, 1995

LVT Number: 9711

Former tenant in Tarrytown sued landlord, claiming negligence and that landlord had taken and disposed of his property. Tenant had been evicted and left personal property in the apartment. Landlord stored tenant's belongings in its basement for nine months. Landlord notified tenant that if he didn't pick up his things they'd be thrown out. The trial court ruled for tenant and awarded him $100 in damages. Landlord appealed. The appeals court ruled for landlord. Landlord used reasonable care with tenant's belongings and gave tenant proper notice about removing them.

Former tenant in Tarrytown sued landlord, claiming negligence and that landlord had taken and disposed of his property. Tenant had been evicted and left personal property in the apartment. Landlord stored tenant's belongings in its basement for nine months. Landlord notified tenant that if he didn't pick up his things they'd be thrown out. The trial court ruled for tenant and awarded him $100 in damages. Landlord appealed. The appeals court ruled for landlord. Landlord used reasonable care with tenant's belongings and gave tenant proper notice about removing them.

Fallon v. Young Men's Christian Assoc.: NYLJ, p. 31, col. 4 (4/21/95) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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