Judge Gary Marton
Tenant Nickelson alleged landlord Satchell illegally locked her out of her apartment. She moved to be restored to possession, and for treble damages. In a so-ordered stipulation, the parties agreed to convert the non-payment action to a holdover suit, and provided Nickelson would vacate the premises by Oct. 11, 2012. Landlord also agreed to waive all rent arrears, and use and occupancy. Nickelson did not move by deadline and Satchell had a marshall’s notice of eviction served. Nickelson now alleged Satchell illegally evicted her by changing the locks. The court noted as Nickelson was not evicted by a marshall under a judgment or order, she could not be restored to possession by a motion made in an action commenced by landlord. Instead, it noted Nickelson must commence her own suit under Real Property Actions and Proceedings Law §713(10) to be restored to possession. The court stated the Civil Court was without authority to direct landlord to restore tenant to possession where tenant was not removed under a judgment or court order. It also lacked jurisdiction required to entertain Nickelson’s claim for treble damages under §853.