Landlord Violated Court Order

Tenant sued landlord for illegal eviction. The court ruled for tenant and issued two orders. The first order required landlord to stop removing tenant's property and allow tenant to come in to remove his property. The second order permitted tenant to move back in and required landlord to return tenant's property. Tenant later claimed that landlord defied the court orders and asked the court to hold landlord in contempt. The court ruled for tenant in part. The court found that landlord wasn't aware of the first court order and couldn't be guilty of contempt of that order. But landlord did know of the second order and disobeyed it. The court noted that there was a long-standing dispute between landlord and tenant. Also, tenant was arrested at the building for assault and rape and was in prison for an extended period. Landlord had also gotten a conflicting order of protection at the same time as the court's second order, which required tenant to stay away from the building. So landlord was fined just $50.

Barclay v. Natoli: NYLJ, p. 25, col. 6 (9/4/97) (Civ. Ct. Kings; Callender, J)