Tenant's Property Damaged During Eviction

February 1, 1993

LVT Number: 6686

Tenant sued landlord for damages after tenant's property was lost or damaged during his eviction. Landlord didn't appear in court and a judgment was entered for tenant. Another court then held a hearing to determine the value of tenant's property. At that hearing the judge ruled that tenant couldn't recover for damaged property because he'd been lawfully evicted. Tenant appealed, and the appeals court ruled for tenant. Landlord didn't defend himself against tenant's claim of damaged property. The hearing judge was wrong to reopen this issue.

Tenant sued landlord for damages after tenant's property was lost or damaged during his eviction. Landlord didn't appear in court and a judgment was entered for tenant. Another court then held a hearing to determine the value of tenant's property. At that hearing the judge ruled that tenant couldn't recover for damaged property because he'd been lawfully evicted. Tenant appealed, and the appeals court ruled for tenant. Landlord didn't defend himself against tenant's claim of damaged property. The hearing judge was wrong to reopen this issue. And, even if tenant was lawfully evicted, that didn't deprive him of his right to his personal property.

[Christian v. Hashmet Management Corp.: NYLJ, p. 22, col. 1 (1/14/93) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Kassal, Rubin, JJ)].

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