"TIBTA v. 156 E 21 LLC"
 

Case Type

Illegal Lockout

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

002263-24

Slip Opinion Number

2025 NY Slip Op 25064

Petitioner

Mohamed Tibta

Respondent

156 E 21 LLC, John Doe, Jane Doe, Ammar Omar

Judge

Bacdayan, Karen May

Decision/Order Date

2025-03-18

Posture

Post-judgment Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this illegal lockout case, the tenant successfully proved he was unlawfully evicted from his rent-stabilized apartment. The court awarded him possession and issued a warrant of eviction against the landlord and an unauthorized occupant. On appeal, the court granted an automatic stay of eviction under CPLR 5519(a)(6), requiring respondents to post a $41,600 undertaking. The court rejected a discretionary stay under CPLR 5519(c), emphasizing that self-help evictions violate legal process. This case reaffirms that landlords cannot bypass formal eviction procedures through force or intimidation.

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