changed and refused to provide Plaintiff with a key.
Plaintiff went to the police, and was advised to pursue the matter in Housing Court.
Plaintiff filed papers to commence two actions in Housing Court. The Court takes judicial
notice of said proceedings.
On January 10, 2018, Plaintiff commenced his first illegal lock out claim, which was marked
as discontinued by the court on January 11, 2018, without any further explanation or
notation.
On or about June 20, 2018, nearly one year after the eviction Plaintiff filed papers to
commence a second proceeding under Index LT 0932665-18/BX. Plaintiff appeared before Judge
Kimon Thomas, who declined to sign the order to show cause required to commence the
proceeding, pursuant to a written order which provided that it was denied because Plaintiff was
not seeking to be restored to possession but was seeking his property back, and that it had been
nearly a year since the lockout.
There was also a small claims action brought by Dora against Plaintiff in March 2018. Dora
sued Plaintiff for back rent allegedly due. The parties agreed to arbitration and the action was
dismissed after the hearing before the arbitrator. The notation on the card for the small claims
matter stated " LL evicted tenant & refused to allow him back in, domestic issue."
Plaintiff offered no evidence about the dollar amount of damages. The only testimony
regarding property left by Plaintiff in the Subject Premises came from Dora, who testified that
Plaintiff had taken most of his belongings except for a small refrigerator, a mattress, two pieces
of luggage and a bicycle. Dora stated she was still in possession of this property.
To the extent that Plaintiff and Dora's testimony conflicted, the court credits the testimony of
Plaintiff over Dora.