Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Motta v. Sheehan,” a landlord-tenant case where the court restored the petitioner to possession of the premises after the receiver illegally evicted her without a judgment of possession and warrant of eviction.
December 19, 2017 at 02:36 PM
5 minute read
Landlord-Tenant— Illegal Lockout Proceeding—Receiver Illegally Evicted Occupant Without a Judgment of Possession And Warrant of Eviction— Occupant Restored to Possession
A petitioner sought to be restored to possession of the subject apartment and return of all contents of the apartment. In addition to the subject case against a receiver, the petitioner had sued her former husband. Following a trial against the receiver, the court held that an illegal eviction had occurred and the petitioner should be restored to the apartment.
The salient issue was whether an illegal eviction had occurred under New York Admin. Code 26-521. The petitioner testified that the apartment was the marital home of her and her husband and there had been a final order of divorce in a matrimonial case. She explained that following a car accident, she had to attend multiple appointments with health care professionals. Following a visit to the doctor, she found that she could not “get into the house.” The lock had been changed. She could not recover her belongings, including several medications. The petitioner thereafter commenced the instant proceeding, alleging “an illegal lock out.”
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