Judge Gary F. Marton

Tenant Calderon sued for restoration to possession to the subject condominium in this illegal lockout proceeding by owner Noel. She signed a lease with Noel April 1, 2016, and never surrendered possession, yet, discovered locks changed and respondents Jackson and Orr occupying it upon leaving on the morning of July 31, 2017, and returning that same afternoon. Noel raised defenses, including that Calderone's husband agreed to surrender the premises March 31, 2017, but the court found the husband was not on the lease, nor a signatory to it, and Noel failed to show he had authority to surrender Calderone's right to possession. The court found both Jackson's and Orr's testimony that they commenced a lease with Noel April 1, 2017, but did not occupy the unit until sometime in June 2017, not worthy of belief. It noted Calderone showed that both her Con Ed and National Grid accounts were still open as of July 31 and found the three witnesses attesting to being in the premises as recently as late-July credible, while finding Noel's testimony unworthy of belief. Calderone was awarded possession with a warrant of eviction to issue without a stay of execution. Also, while the court lacked jurisdiction to award damages, it permitted Calderone to sue for legal fees as the prevailing party.