X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Scott E. Mollen

Landlord-Tenant—Illegal Lockout Proceeding Dismissed Based On Doctrine of Lache—Statute of Limitations

A petitioner commenced an illegal lockout proceeding (proceeding) against a landlord, seeking possession of the subject apartment (apartment) and to relocate the current occupant to another apartment. The petitioner had “successfully appealed the Civil Court’s post-trial decision which led to his eviction.” The landlord argued that the petitioner’s proceeding was barred by, inter alia, the statute of limitations (SOL) and the doctrine of laches.

Real Property Actions and Proceedings Law (RPAPL) §853, permits “an unlawfully evicted individual to recover treble damages from the wrong doer. RPAPL §853 is subject to the one year [SOL] applicable to causes of actions for damages resulting from an intentional tort.” However, a cause of action seeking restoration pursuant to RPAPL §713(1), which provides “a cause of action to an individual seeking to be restored after being forcibly or unlawfully dispossessed,” “does not begin to run until ‘such time that it is reasonably certain that the tenant has been unequivocally removed with at least the implicit denial of any right to return.’” Based on the subject facts, the court held that the petitioner’s claim was not barred by the SOL.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Dig Deeper

Lean Adviser Legal

Think Lean Daily Message

"A helpful image is the client leaning out of train window while it gathers pace, as you run alongside. Get out the key nuggets first and in order of importance. The rest is waffle that the client doesn t want to hear, read or pay for."

Learn More

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.