Case Type
Illegal Lockout
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
570788/25
Slip Opinion Number
2025 NY Slip Op 51469(U)
Petitioner
Amin Linder
Respondent
Lafayette Morrison HDFC, Saul Friedman, The Park Central I, LLC
Judge
Brigantti, Tisch, James
Decision/Order Date
2025-09-18
Posture
Other
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term affirmed a lower court's decision granting summary judgment to the tenant in an illegal lockout proceeding. The tenant, son of a deceased rent-stabilized tenant, had been locked out after a prior holdover proceeding against his father and him was dismissed without prejudice to a licensee holdover. The court held that the tenant, having previously asserted succession rights and acknowledged occupancy, was either a lawful occupant or in constructive possession and could not be evicted without due legal process, reinforcing the principle that self-help evictions are impermissible.
Keywords
Illegal Lockout; Colorable Succession Claim; Occupant/Petitioner Restored to Possession
Recommended Citation
"Linder v. Lafayette Morrison HDFC" (2025). All Decisions. 1960.
https://ir.lawnet.fordham.edu/housing_court_all/1960
