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/ ↗

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Here, the forcible ouster has continued for two and a half months since petitioner was entitled to execute upon the warrant to remove respondents from possession. Here, as in Utsey, a judgment of possession and warrant of eviction issued as against respondent 156 E 21 LLC and third-party respondent Omar. In Utsey, when the squatters sought to remain after judgment in favor of petitioner while they appealed, their undertaking was set at the value of the premises to them. Analogizing to De Camp, respondents are akin to trespassers on petitioner's property who must post a bond while they use and occupy the property for their benefit and deprive petitioner of his legal possession, use, and occupancy of the premises, even if actual damages cannot be assessed.

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