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Landlord & Tenant Law
Wrongful Eviction Claim Raises Questions of Fact
Rahman v. Alim, 2023 WL 2000734, AppDiv, Second Dept. (memorandum opinion)
In an action by tenant against purported assignee for wrongful eviction, tenant appealed from Supreme Court's denial of his motion for summary judgment on the issue of liability. The Appellate Division affirmed, holding that questions of fact remained about the validity of the assignment.
Tenant and another individual leased the subject property for the purpose of operating a catering hall through Core Foods, and LLC. Another individual, purporting to act as attorney-in-fact for tenant, executed a lease assignment to assignee. Assignee then changed the locks and began operating their own catering hall on the premises. Tenant brought this wrongful eviction action against assignee. When Supreme Court denied tenant's summary judgment motion, tenant appealed.
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