Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)

Citation: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Parent Document: Tibta v. 156 E 21 LLC, 2025 NY Slip Op 25064 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-18
Original Source: https://www.courtlistener.com/opinion/10360937/tibta-v-156-e-21-llc/ ↗

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In Brown v 99 Sutton LLC (Civ Ct, Kings County 2002), also an "illegal lockout" proceeding in which the petitioner therein prevailed, the court set a $500,000 undertaking pending appeal based on substitute housing costs. Brown stands for the proposition that a monetary undertaking in a RPAPL 713 (10) proceeding is possible when, unlike here, the cost of alternative living accommodations for the ousted tenant are discernible.[FN6]
Brown was not cited again until 2013 in Andrada, supra, and thereafter only once in Callendar, supra, neither of which cases affected the rights of a petitioner who continued to be illegally locked out of their apartment after prevailing in a proceeding commenced pursuant to RPAPL 713 (10). Brown stands alone.

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