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/ ↗

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Similarly, in Wagman v Smith (161 AD2d 704 [2d Dept 1990]) the Appellate Division held that even though the owner should have sought a writ of assistance to evict the occupant, rather than just change the locks, there was no need to restore respondent to possession simply to be subject to eviction after a writ of assistance was obtained and executed (see also Brown v 165 Conover Assoc., 5 Misc 3d 128[A], 2004 NY Slip Op 51244[U] [App Term, 2d Dept 2004] [licensee not claiming tenancy rights should not be restored to possession after death of tenant and expiration of license]; Bernstein v Rozenbaum, 20 Misc 3d 138[A], 2008 NY Slip Op 51558[U] [App Term, 2d Dept 2008]).

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