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Can I re-open a land lord tenant case after illegal evection 8/1/2011

Sea Cliff, NY |


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Attorney answers 2


You may submit an Order to Show Cause for signature, but the "illegal eviction" and "stip under duress" claims will probably fall short.
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Dear Sea Cliff Tenant:

The New York procedure for civil practice allows for making a motion to relieve a party from a judgment when the judgment is the product of fraud, misrepresentation or misconduct of an adverse party.

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The statute of limitations may have run out on a claim for an unlawful eviction, but if a three year SOL controls your facts, that limitation on a cause of action is fast closing out.

So if you have any real interest in seeing if the events of your landlord and tenant case may lead to a new hearing and a right to sue for an unlawful eviction do not delay consulting with a lawyer. Usually, the Sheriff will not have engaged in an unlawful eviction when the court issued a warrant of eviction even if the underlying judgment is vacated at a later date. The cause of action for damages as a result of the illegal eviction usually is against the landlord.

Judges are very reluctant to open long ago settled cases unless some provocative evidence is presented at a hearing and upon a motion where the jurisdiction of the court is an issue. Three years after a settlement by stipulation in a commercial landlord and tenant case may be too late for a judge to exercise discretion even if within a statute of limitations.

So the suggestion that you take all the papers from your L&T case to a lawyer for review is to learn about your options and rights at this time.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.