Case Against Mentally Ill Tenant Reopened

February 1, 2002

LVT Number: 15566

Facts:Tenant sued former landlord for illegal eviction. Tenant was away from the apartment at the time of eviction and claimed that his personal property was stolen. Landlord previously had sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. At the time, tenant was in a psychiatric hospital, which landlord knew but didn't reveal to the court. Courts:The nonpayment case will be reopened because the default judgment in that case was improper.

Facts:Tenant sued former landlord for illegal eviction. Tenant was away from the apartment at the time of eviction and claimed that his personal property was stolen. Landlord previously had sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. At the time, tenant was in a psychiatric hospital, which landlord knew but didn't reveal to the court. Courts:The nonpayment case will be reopened because the default judgment in that case was improper. Landlord got the judgment and eviction warrant without advising the court that tenant was mentally incompetent. Landlord also improperly sent court papers and submitted false, nonmilitary affidavits to the court. Tenant may be entitled to compensation and punitive damages.

Benenson v. Dimonda: NYLJ, 1/16/02, p. 22, col. 1 (Civ. Ct. Kings; Battaglia, J)

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