Case Type

Holdover: Breach of Lease

Housing Type

Rent Stabilized

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Westchester County

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

2022-872 W C

Slip Opinion Number

2023 NY Slip Op 23359

Petitioner

Sunnybrook Gardens Owners, Inc.

Respondent

Vijay Singh

Judge

DRISCOLL, Timothy S., J.P., McCORMACK, James P., WALSH, Gretchen

Decision/Order Date

2023-10-26

Posture

Post-judgment Motion by Tenant

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord brought a holdover proceeding against tenant alleging that tenant's occupancy was incident to his employment, which had been terminated. Landlord obtained a judgment of eviction, but tenant appealed and the Appellate Term reversed. Tenant then moved for restoration to the specific apartment. The City Court denied the motion, holding that restoration was not allowed because tenant had vacated without being evicted by a marshal. The Appellate Term reversed, holding that tenant was entitled to restoration under CPLR 5015(d) and 5523, which authorize courts to order restitution of property or rights lost by a judgment that is later reversed. The court remanded for a new determination of tenant's motion, including joining the new tenant in possession if applicable. Key Legal Points: (1) Courts have authority to order restoration of possession even if tenant vacated without being evicted by a marshal; (2) Vacating the apartment before or after being evicted by a marshal does not bar tenant from seeking restoration; (3) Triangle Props. #14, LLC v Beauty Salon Depot/Beauty U.S.A. is overruled to the extent it is inconsistent with CPLR 5015(d) and 5523.

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