I was evicted 11/4/11, I went to court and the judge ruled in my favor. In her order she stated it was illegal for the marshal to do so, after I gave them my stay of eviction. She, ordered me restored to the apartment immediately. I was restored 11/9/11. What are my legal options?
If you had damages, itemize them and sue in small claims. You are not going to get $1 million for this, if that is what you are thinking.
I am sorry to hear about your situation. RPAPL provides the following
§ 853. Action for forcible or unlawful entry or detainer; treble
damages. If a person is disseized, ejected, or put out of real property
in a forcible or unlawful manner, or, after he has been put out, is held
and kept out by force or by putting him in fear of personal violence or
by unlawful means, he is entitled to recover treble damages in an action
therefor against the wrong-doer.As my colleague pointed out you can defend yourself on the ticket and have a trial. Unfortunately, it is very difficult to prevail in these types of cases against a police officer. Often, a better strategy is needed that is beyond posting here.
You should contact an attorney to discuss your questions as additional information would be helpful. What are your damages? Did you spend any money? How much?
Our firm has many years of experience in this field.
I wish you the best of luck.
Please remember that I do not normally monitor these questions after I have posted a reply.
Free phone consultation Monday — Thursday 1-5 pm.
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)