Tenant's Property Lost During Eviction

Former tenant sued landlord for damages, after tenant's property was lost during an eviction. The trial court ruled against tenant, and tenant appealed. Landlord claimed that tenant had signed a stipulation giving up any claims against landlord arising out of the eviction. Landlord also claimed that tenant's action was time-barred because it was brought over three years after the eviction. The appeals court ruled for tenant. Tenant had signed the stipulation in the context of a nonpayment proceeding; in it, he agreed to pay back rent owed. Landlord sought eviction when tenant defaulted. At that point, the trial court granted landlord possession, and specifically stated that tenant could bring an action for damages for any property loss resulting from the eviction. Also, since this is a claim based on damage to personal property, by law, tenant has six years to bring a court action.

Saczawa v. Lincoln Apartments Realty Associates: NYLJ, p. 24, col. 4 (3/10/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)