She needs to check the Court file and see what the Affidavit of Service says and immediatley move by Order To Show Cause to re-instate possession. Depending on the facts she may have a civil case against the landlord for unlawful eviction. She would be smart to hire a landlord-tenant lawyer.
I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
File an order to show cause to regain possession and request a stay preventing landlord from renting the apartment. Seek legal counsel, if eviction was improper, them she may be entitled to treble damages.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Dear Yonkers Tenant:
Check the eviction notice for the index number.
If the index number matches the old case, go to court, review the case filed, and seek an order to show cause, because the case was resolved and no eviction notice was served before the eviction. As part of the request for interim relief (TRO) request immediate restoration to the home.
If a different index number, then there was a new case and you had no notice of any kind about the case. Again, immediately, go to court, review the case file, obtain an order to show cause. Since no rent is owed, and the landlord did not make a new rent demand, and the tenant did not receive a new notice of petition and petition, and no notice of eviction, request that the court vacate the judgment and dismiss the case. As part of the request for interim relief (TRO) request immediate restoration to the home.
Look here for more information:
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.
I agree with what the others have already said, but wonder whether they have all noted you said the MARSHAL changed the lock -- NOT the landlord. It seems a little more odd to me that the Marshal would be participating in an "illegal" eviction. Please elaborate.
I may be guessing or not licensed in your state. No atty/client relationship exists.