Case Type
Illegal Lockout
Housing Type
Other
Court
Supreme Court, Appellate Term, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2025-192 KC
Slip Opinion Number
2026 NY Slip Op 50714(U)
Petitioner
Melissa Hampton
Respondent
Maujer, LLC; Danella Forcier
Judge
Toussaint, Wavny; Buggs, Cheree A.; Quinones, Joanne D.
Decision/Order Date
2026-05-01
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The appeals court reversed the lower court's dismissal of an illegal lockout petition. The landlord had moved to dismiss based on a purported sublease, alleging the tenant had no rights to the apartment. However, the appeals court found it improper for the lower court to rely on the sublease because it was unauthenticated and not fully executed. Therefore, the documentary evidence did not, as a matter of law, demonstrate that the landlord and occupant did not enter the property by force or unlawful means, and dismissal of the petition was unwarranted. The petition was reinstated against both respondents.
Keywords
Illegal Lockout; Unauthenticated Documentary Evidence
Recommended Citation
"Hampton v. Maujer, LLC and Forcier" (2026). All Decisions. 2224.
https://ir.lawnet.fordham.edu/housing_court_all/2224
