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Landlord & Tenant Law
No Wrongful Eviction Even Though Judgment of Eviction Was Reversed on Appeal
5 Star Holdings NY, LLC v. Kohl's Department Stores, Inc., 2023 WL 6853786, AppDiv, Second Dept. (memorandum opinion).
In commercial tenant's wrongful eviction action, tenant appealed from Supreme Court's dismissal of the claim. The Appellate Division affirmed, holding that an eviction subsequently reversed on appeal is not an unlawful eviction within the meaning of RPAPL 853.
Tenant had leased a 13,000 square foot property from landlord. Landlord brought a proceeding to evict tenant for nonpayment of rent, and received a judgment of eviction. Tenant was then evicted. The following year, the Appellate Division reversed the judgment of eviction and remanded for a judgment dismissing the petition. Tenant then brought the instant action for wrongful eviction. Supreme Court granted landlord's motion to dismiss.
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