A recent decision by the New York County Civil Court in Sol De Ibiza LLC v. Panjo Realty Inc.1 leads us to return to a subject, “self-help,” that we addressed in this column many years ago.2 That term is shorthand for the right of a landlord to re-enter and re-take possession from a commercial tenant without prior court proceedings, provided it is done without breach of peace. Such self-help against a residential tenant is not permissible.
In Sol De Ibiza, noting that his determination was reached “[a]fter much deliberation” and that “this Court does not reach this decision lightly,” Judge Arthur F. Engoron held that the landlord there did not have the right to use self-help. In doing so, the court sought to distinguish—but, ultimately, was prepared to reject as “an aberration”—an Appellate Division, Third Department, decision involving similar facts. We discuss here the court’s reasoning and the implications of the case for the issue of self-help as a remedy.
