Commercial Landlord-Tenant—Self-Help Is Permissible—RPAPL §853 Action for Unlawful Eviction—Case Remanded for Further Findings As to Whether the Self-Help Eviction Was Properly Executed
A landlord appealed from a trial court order which granted a “tenant’s petition for restoration to the subject commercial premises (premises) and directed an assessment of damages pursuant to RPAPL §853 for unlawful eviction.” The Appellate Term (court) reversed and remanded the matter for further proceedings. The issues were “whether a landlord can utilize self-help to recover possession of demised commercial premise from a tenant, and, if so, whether the landlord herein, under the particular facts and circumstances of this case, properly did so.” The Appellate Term held that self-help to recover commercial property is permissible. However, since the “slim record” before the court did not “allow for an informed conclusion” as to the second question, the court remanded the matter to the civil court for further proceedings.
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