DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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/10358208/tibta-v-156-e-21-llc/ ↗

Other Sections in This Document (50)

Full Text

488 chars 
In the case of an illegal lockout proceeding, the forcible entry is comparable to a deliberate and intentional trespass. While civil trespass law views trespass as a tort, here the court is not assessing damages, nor is the court assessing civil or criminal penalties for which a separate remedy exists.[FN8]
Rather, this court's charge is to set a mandatory undertaking, i.e., perform a "ministerial act," Brown at *2, under facts and circumstances where such has never been done before.