After a New York County Civil Court judge dismissed their illegal lockout petitions for "lack of standing," an appeal followed.
Upon its review of the record, the Appellate Term, First Department, noted that one of the parties was a "tenant of record" under a written lease dated June 2019 and thus could not be evicted without a court order. Thus dismissal was inappropriate in that instance.
And as for the other tenant, while it was unclear whether that entity was in "actual possession" at the time the lockout case began, the Appellate Term also reinstated that entity's petition due to a pending lease dispute with the landlord in New York County Supreme Court, but expressed "no view as to its ultimate outcome on the merits."
How would you view that?
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DECISION