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Landlord & Tenant Law
Lease Provision Does Not Bar Conversion Claim for Damages After Issuance of Warrant of Eviction
Hope for Us Housing Corp. v. Syracuse Heights Associates, LLC 181 A.D.3d 1255 AppDiv, Fourth Dept. (memorandum opinion)
In commercial tenant's action for wrongful eviction and conversion, both parties appealed from Supreme Court's denial of their respective summary judgment motions. The Appellate Division affirmed, holding that the statute of limitations did not bar the conversion claim, but questions of fact remained about tenant's damages.
Tenant leased space in landlord's commercial shopping center. The lease included a provision limiting landlord's liability for tenant's loss of property. Landlord obtained a warrant of eviction in 2012, but the warrant was never executed. Tenant remained in possession until April 2015. Subsequently, landlord allegedly prevented tenant from entering the leased premises and an adjacent unit in the shopping center in which tenant had stored property. Tenant then brought this action for wrongful eviction and for conversion. Supreme Court denied summary judgment to both parties.
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