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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: June 8, 2017

Complaint States Claim for Wrongful Eviction Based on Intent to Revive Lease

On June 1, 2017, the First Department issued a decision in Mephisto Management, LLC v. Moon 170 Mercer, Inc., 2017 NY Slip Op. 04365, holding that the plaintiff had stated a claim for wrongful eviction based on the defendant’s alleged intent to revive the lease, explaining:

The complaint states a cause of action for wrongful eviction based on an invalid warrant. Defendant Moon 170 Mercer, Inc.’s service of a 10-day notice to cure a default, commencement of a new holdover proceeding, and filing of a petition alleging that the tenancy had recently been terminated arguably reflect an intent to revive the lease after the issuance of a warrant of eviction in an earlier proceeding.

(Internal quotations and citations omitted).

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