Tenant's Illegal Lockout Claim Dismissed

LVT Number: #30871

Tenant sued landlord in 2015, claiming illegal lockout and breach of the warranty of habitability. Tenant also sought $1 million in damages. Although tenant filed the case in State Supreme Court, the court transferred the case to the Civil Court. Tenant then claimed that he was trial-ready and landlord asked the court for permission to amend its answer to include additional defenses.

Tenant sued landlord in 2015, claiming illegal lockout and breach of the warranty of habitability. Tenant also sought $1 million in damages. Although tenant filed the case in State Supreme Court, the court transferred the case to the Civil Court. Tenant then claimed that he was trial-ready and landlord asked the court for permission to amend its answer to include additional defenses.

The court ruled against landlord, who appealed and won. The Civil Court had found that landlord waited two years after answering to seek amendment. But when the Supreme Court transferred the case, neither side sought to move the case forward for a while. So, despite landlord's delay in seeking to amend its answer, no harm was done to tenant. The appeals court also granted landlord's request to dismiss the case based on the additional defenses added to its answer.

Milton v. Subraj: Index No. 2018-69QC, 2020 NY Slip Op 50685(U)(App. T. 2 Dept.; 6/5/20; Weston, JP, Aliotta, Siegal, JJ)