Case Type

Illegal Lockout

Housing Type

NYCHA

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

L&T 10141/21

Slip Opinion Number

2022 NY Slip Op 22013

Petitioner

Frank Vatel

Respondent

Lenice Wills

Judge

Ortiz, Frances A.

Decision/Order Date

2022-01-21

Posture

Post-answer Motion by Tenant

Disposition

Case Dismissed/Discontinued

Winner

Landlord Substantially Won

Synopsis

Petitioner was subtenant since late 2016/early 2017 paying respondent $1100-1300/month, but stopped paying rent when he discovered premises was an NYCHA apt with a rent of $148. Respondent and boyfriend harrassed petitioner, eventually removing him forcibly from subject premises 11/23/2021. Respondent left premises, stating "enough is enough," and removed all his personal property over several days. Court has not choice but to find petitioner relinquished his known right to premises, thus waiving rights to maintain the proceeding, and dismisses the petition without prejudice. Court notes that respondent's behavior throughout has been shameful and despicable, and the dismissal of the proceeding is in no way an endorsement of her actions in this matter.

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