Case Type

Illegal Lockout

Housing Type

See Decision

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

L&T 011591/20

Petitioner

KATE GLADSTONE

Respondent

HEIDI RUSSELL

Judge

Finkelstein, Marc J.

Decision/Order Date

2020-08-19

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenant asked the court to restore her to possession of a rented room after the property owner's domestic partner (respondent) engaged in an illegal lockout by adding an additional lock during the tenant's 18-day trip out of state. The court granted the tenant's motion, finding that the respondent illegally locked out the tenant, and ordered the respondent to restore the tenant to possession. The court rejected the respondent's arguments that the tenant surrendered possession by leaving the state and that restoring possession to the tenant posed an imminent threat and danger to the respondent, who shared the co-op's other bedroom.

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