SITC Inc. v. Riverplace I Holdings LLC, 23 Misc. 3d 219 (2008)

Citation: SITC Inc. v. Riverplace I Holdings LLC, 23 Misc. 3d 219 (2008)
Parent Document: SITC Inc. v. Riverplace I Holdings LLC, 23 Misc. 3d 219 (2008)
Jurisdiction: New York (state)
Effective Date: 2008-12-30
Original Source: https://www.courtlistener.com/opinion/6310203/sitc-inc-v-riverplace-i-holdings-llc/ ↗

Full Text

919 chars

In Soukouna v 365 Canal Corp. (11 Misc 3d 137[A], 2006 NY Slip Op 50522[U] [App Term, 1st Dept 2006]) the trial court found that there was strong evidence establishing that the use of the premises was illegal, but directed that the tenant be restored to possession since the landlord had used self-help rather than commencing a summary proceeding. The Appellate Term modified the trial court’s decision by declining to restore the tenant to possession (id.). The Appellate Division, affirmed the determination not to restore the tenant to possession, holding that while the tenant was appropriately awarded damages for the unlawful eviction, it would be futile to restore the tenant to possession because the tenant had been using the premises for illegal purposes and “a summary proceeding brought by respondent would result in petitioner’s certain eviction.” (Soukouna v 365 Canal Corp., 48 AD3d 359 [1st Dept 2008].)

Other Sections in This Document (51)

Full Text