Tenant Proved Illegal Eviction

June 30, 2004

LVT Number: 17404

Tenant sued landlord for wrongful eviction. Tenant claimed that he never received a termination notice from landlord. Landlord simply physically removed him from the apartment and told him that if he returned he would be harmed. Landlord claimed that he told tenant he intended to terminate his tenancy, and tenant then voluntarily moved out. The court ruled for tenant. Landlord appealed and lost. The lower court made its decision based on credibility of the witnesses. There was no reason to overrule that decision.

Tenant sued landlord for wrongful eviction. Tenant claimed that he never received a termination notice from landlord. Landlord simply physically removed him from the apartment and told him that if he returned he would be harmed. Landlord claimed that he told tenant he intended to terminate his tenancy, and tenant then voluntarily moved out. The court ruled for tenant. Landlord appealed and lost. The lower court made its decision based on credibility of the witnesses. There was no reason to overrule that decision.

Finn v. Schwartz: NYLJ, 6/30/04, p. 27, col. 3 (App. T. 2 Dept.; Aronin, JP, Golia, Rios, JJ)

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