Trial Required on Tenant's Illegal Eviction Claim

April 30, 1996

LVT Number: 10535

Tenant sued landlord, claiming that she was illegally evicted. The court ruled against tenant, and tenant appealed. The appeals court ruled that a trial was needed to determine the facts. Landlord had sued to evict tenant for nonpayment of rent. Tenant was evicted and then restored to possession. Tenant claimed that landlord reinstated her tenancy by accepting rent payments from her. Tenant claimed she was then evicted a second time without legal process.

Tenant sued landlord, claiming that she was illegally evicted. The court ruled against tenant, and tenant appealed. The appeals court ruled that a trial was needed to determine the facts. Landlord had sued to evict tenant for nonpayment of rent. Tenant was evicted and then restored to possession. Tenant claimed that landlord reinstated her tenancy by accepting rent payments from her. Tenant claimed she was then evicted a second time without legal process.

Magliore v. Mack: NYLJ, p. 33, col. 5 (4/9/96) (App. T. 2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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