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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Where, after eviction, a tenant’s property is removed by the marshal at the landlord’s request or by the landlord himself, the landlord is responsible for storing the property for a reasonable period of time—per the Uniform Commercial Code in an analogous context, a minimum of 30 days after notice to remove the items (Wilson v CRL Mgt., Inc., 14 Misc 3d 231, 232-233 [Rochester City Ct 2006], citing UCC 7-206; see also UCC 1-205 [a] [“(w)hether a time for taking an action required ... is reasonable depends on the nature, purpose, and circumstances of the action”]; see also Matter of Young v Warehouse No. 2, 143 Misc 2d 350, 352 [Civ Ct, Richmond County 1989] [where evicted tenant’s property stored by landlord and city marshal at warehouse, landlord must pay for storage]).

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