Case Type
Other
Housing Type
Not Stated
Court
Appellate Division, Second Department
County
Richmond County (Staten Island)
Slip Opinion Number
2026 NY Slip Op 05166
Petitioner
Vsevolod Sergeevich Garanin
Respondent
Olga Bykhovsky
Judge
Duffy, Colleen D., J.P.; Christopher, Linda; Warhit, Barry E.; Goldberg Velazquez, Elena
Decision/Order Date
2026-09-02
Posture
Post-Answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
App Div affirms Supreme Court's grant of defendants' motion for summary judgment dismissing plaintiff's cause of action for wrongful eviction damages under RPAPL § 853. Court holds the statute is "directed at unlawful evictions of tenants or other lawful occupants of property who have been in actual physical possession" and a claim under RPAPL § 853 is only available to one evicted from property of which he or she was "in actual possession." Plaintiff voluntarily occupied a separate side unit and visited the main home only to see his children, establishing no actual possession of the premises.
Keywords
Damages for Wrongful Eviction Pursuant to RPAPL § 853 Denied; No Wrongful Eviction Where Complainant Is Not In Possession Of Premises
Recommended Citation
"Garanin v. Bykhovsky" (2026). All Decisions. 2467.
https://ir.lawnet.fordham.edu/housing_court_all/2467
