Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)

Citation: Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Parent Document: Caldwell v. 928 Gerard Avenue Partners, 57 Misc. 3d 857 (2017)
Jurisdiction: New York (state)
Effective Date: 2017-07-12
Original Source: https://www.courtlistener.com/opinion/6319195/caldwell-v-928-gerard-avenue-partners/ ↗

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*859The marshal, a disinterested witness who testified credibly with assistance from his contemporaneous notes, clarified the circumstances and time line surrounding the eviction. The marshal confirmed that the prior landlord commenced the eviction proceeding (tr 41:15-19). On November 25, 2015, when the marshal appeared to effectuate the eviction, plaintiffs father, “an elderly person . . . under doctor’s care,” answered the door (tr 45:12-19). Acting on his observations, the marshal aborted the eviction and notified Adult Protective Services (APS) (tr 45:20-25). APS ultimately authorized the eviction on December 10, 2015, and the marshal executed the eviction the following day (tr 46 et seq.; defendant’s exhibit B). On that day, after the locks were changed, the marshal drove plaintiff’s father to Housing Court (tr 50:24-51:1). The marshal does not recall plaintiff’s father asking to retrieve any items during or after the eviction (tr 42:17-21).5

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