South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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Here, the competing accounts of Respondent's removal from the warehouse portion of the premises present a question of fact as to whether Petitioner's reentry was forcible. Petitioner contends that "Respondent surrendered possession of two (2) warehouses to NYCT Security" (Miller aff ¶ 12). However, Respondent avers that Petitioner "has taken a number of increasingly aggressive steps to wrongfully and illegally evict me from the Premises. . . locking me out of buildings located on the Premises, which still contain my business's property, repeatedly blocking my access to the Premises . . . ." (Lau aff ¶¶ 3-4). While Respondent's version of events seemingly contradicts terms of the June 3, 2022 Stipulation and June 30, 2022 Stipulation (see Miller aff, exhibits 3-4), the Court is constrained to give Respondent the benefit of every possible inference.

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