Case Type

Illegal Lockout

Housing Type

Other

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-309908-25/KI

Petitioner

FRANCISCO EDUARDO JUSTO-APONTE

Respondent

LEVY ESHCOL, 32 P LLC, ROY RAVE

Judge

Golden, Tashanna B.

Decision/Order Date

2025-09-09

Posture

Post-judgment Motion by Tenant

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

The court held the landlord in contempt for failing to restore the tenant to possession after an illegal lockout, awarding the tenant a money judgment for damages and attorney fees. The landlord had destroyed the apartment, rendering it uninhabitable and violating a prior stipulation to make repairs. The court found that the landlord's failure to comply with the so-ordered stipulation was a clear and unequivocal violation. It awarded the tenant $18,330 in compensatory damages for hotel fees, a $3,000 judgment for attorney fees, and imposed a continuing daily fine of $195 until the landlord restores the tenant to possession of a habitable apartment.

Keywords

Landlord held in contempt for failing to restore tenant to possession; Illegal lockout; Tenant awarded money judgment for hotel fees and attorney fees; Court orders daily fine until tenant is restored to possession

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