A recent decision by the Kings County Civil Court in Jay Max Sportswear Inc. v. The Gallery at Fulton St. LLC[1] addresses, and is a good compendium of case law concerning, the availability to a landlord of “self-help” to evict a commercial entity. This article discusses the reasoning of that case and the legal precedent it cites. We emphasize that the case was in a commercial context. Such self-help in a residential context is not permitted.[2]

Facts of ‘Jay Max’