Tenant Must Start Separate Case to Get Back Possession

April 1, 2000

LVT Number: 13966

Landlord sued to evict tenant for creating a nuisance. Tenant didn't appear in court, and landlord asked the court for a default judgment. The court ruled against landlord because the building deed indicated that someone other than landlord owned the building. Tenant later claimed that landlord had illegally locked him out and asked the court to reopen landlord's case and restore him to possession. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Landlord hadn't gotten a judgment or court order resulting in tenant's eviction.

Landlord sued to evict tenant for creating a nuisance. Tenant didn't appear in court, and landlord asked the court for a default judgment. The court ruled against landlord because the building deed indicated that someone other than landlord owned the building. Tenant later claimed that landlord had illegally locked him out and asked the court to reopen landlord's case and restore him to possession. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Landlord hadn't gotten a judgment or court order resulting in tenant's eviction. So the court didn't have the authority to reopen landlord's case, which it had dismissed, in order to restore tenant to possession. Tenant must start a separate court case to be restored.

Ric-Mar Equity Ventures Ltd. v. Murrell: NYLJ, 3/20/00, p. 29, col. 2 (App. T.2 Dept.; Kassoff, PJ, Scholnick, Aronin, JJ)

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