DECISION AND ORDER The inquest of the above matter was held on November 18, 2024. Plaintiff appeared pro se. Defendant failed to appear and no answer was filed. Plaintiff testified that he was unlawfully locked out of his apartment in April 2024, where he has lived for 23 years, located at 1560 Townsend Avenue, Apt. 3E, Bronx, New York 10452 after his mother who he resided with passed away. When he returned to the apartment, he could not get in because the locks had been changed. He learned that his personal property, furniture and clothing had been thrown out by defendant Wavecrest Management. On June 14, 2024, plaintiff brought an order to show cause for illegal lockout and treble damages pursuant to RPAPL Section 853. Plaintiff was restored to possession by Stipulation of Settlement dated July 2, 2024, So-Ordered by Judge Elizabeth Yalin Tao, LT-1940-24/BX, Terrell Mosley v. Wavecrest Management, A copy of the Order was submitted in evidence wherein it states “both sides reserve claims and defenses”. Plaintiff’s father also testified in support of plaintiff’s action. Based on credible evidence and testimony, plaintiff proved his case against defendant for destruction and removal of plaintiff’s property and personal belongings after he was unlawfully locked out and deprived of his residence for over four months and all of his personal property. Accordingly, it is hereby ORDERED, Judgment is granted to Plaintiff in the amount of $7,250 plus interest from July 2, 2024 and costs against defendant, Wavecrest Management, Inc.; and it is further ORDERED, the Clerk is hereby directed to enter Judgment accordingly, and it is further ORDERED, the Clerk shall mail a copy of this Order to all parties. This constitutes the Decision and Order of the Court. Dated: November 26, 2024
