Case Type
Illegal Lockout
Housing Type
Rent Stabilized
Court
Appellate Term, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-1373 KC
Slip Opinion Number
2026 NY Slip Op 50695(U)
Petitioner
Mohamed Tibta
Respondent
156 E. 21, LLC, Ammar Omar
Judge
Toussaint, Wavny, P.J.; Buggs, Cheree, A.; Quinones, Joanne, D.
Decision/Order Date
2026-03-20
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this illegal lockout proceeding (RPAPL § 713[10]), the Appellate Term affirmed a judgment of possession awarded to the tenant after a nonjury trial. The trial court found that the tenant was, at the very least, a constructive tenant of the premises, a determination supported by leases and DHCR records. The Appellate Term held that the trial court's factual findings regarding constructive possession should not be disturbed on appeal unless its conclusions could not be reached under any fair interpretation of the evidence, giving substantial deference to the trier of fact's credibility determinations.
Keywords
Illegal Lockout; Constructive Possession; Trial Court Credibility Determinations; Judgment of Possession Affirmed
Recommended Citation
"Tibta v. 156 E. 21, LLC" (2026). All Decisions. 2211.
https://ir.lawnet.fordham.edu/housing_court_all/2211
