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Keywords

plaintiffdefendantdamagesliabilityappealmotionleasecompensatory damages
plaintiffdefendantdamagesliabilityappealmotionleasecompensatory damages

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Okeke v. Ewool, 106 A.D.3d 709, 964 N.Y.S.2d 249, 2013 N.Y. Slip Op. 03072

Facts

The plaintiff commenced an action against the defendants to recover damages for wrongful eviction. After the defendants failed to appear or answer the complaint, the court granted the plaintiff's motion for a judgment on liability and set the matter for an inquest on damages. Following the inquest, the Supreme Court ruled that the defendants owed no damages to the plaintiff, prompting the appeal.

The plaintiff commenced this action against the defendants, inter alia, to recover damages for wrongful eviction. On a prior appeal, this Court granted the plaintiff's motion for leave to enter a judgment against the defendants on the issue of liability upon their defaults in appearing or answering the complaint, and to set the matter down for an inquest on damages (see Okeke v. Ewool, 66 A.D.3d 978, 886 N.Y.S.2d 817). After the inquest, the Supreme Court determined that the defendants owed no damages to the plaintiff.

Issue

Whether the tenant was entitled to compensatory damages for wrongful eviction and whether the court erred in determining that the defendants owed no damages.

Whether the tenant was entitled to compensatory damages for wrongful eviction and whether the court erred in determining that the defendants owed no damages.

Rule

The measure of compensatory damages for wrongful eviction is the value of the unexpired term of the lease over and above the rent the lessee must pay under its terms, along with any actual damages flowing directly from the wrongful eviction.

“The measure of compensatory damages for wrongful eviction is the value of the unexpired term of the lease over and above the rent the lessee must pay under its terms … together with any actual damages flowing directly from the wrongful eviction” (North Main St. Bagel Corp. v. Duncan, 37 A.D.3d 785, 786, 831 N.Y.S.2d 239, quoting Long Is. Airports Limousine Serv. Corp. v. Northwest Airlines, 124 A.D.2d 711, 712, 508 N.Y.S.2d 223).

Analysis

The court found that the plaintiff failed to demonstrate that the value of the unexpired term of his sublease exceeded the rent he was required to pay. Additionally, the plaintiff did not provide competent evidence to establish the value of personal items he claimed were lost due to the eviction. The court supported the lower court's determination that the plaintiff had an opportunity to retrieve his personal items, leading to the conclusion that he was not entitled to compensatory damages.

At the inquest, the plaintiff failed to sufficiently demonstrate that the value of the unexpired term of his sublease was greater than the rent he was required to pay under its terms (see North Main St. Bagel Corp. v. Duncan, 37 A.D.3d at 786, 831 N.Y.S.2d 239). Furthermore, the plaintiff failed to present competent evidence to establish the value of certain personal items that he allegedly lost due to the wrongful eviction (see Pernell v. 287 Albany Ave., LLC, 95 A.D.3d 1094, 944 N.Y.S.2d 614; cf. North Main St. Bagel Corp. v. Duncan, 37 A.D.3d at 787, 831 N.Y.S.2d 239). In addition, the record supports the Supreme Court's determination that the plaintiff had an opportunity to retrieve the personal items that he claims were lost or detained. Under these circumstances, the Supreme Court properly determined that the plaintiff was not entitled to compensatory damages for the wrongful eviction.

Conclusion

The court modified the lower court's order to grant the plaintiff nominal damages of $1 for wrongful eviction, affirming the order as modified.

The Supreme Court erred, however, in determining that the defendants owed no damages to the plaintiff, since an award of nominal damages is appropriate in this case. “Wrongful eviction is a trespass and, therefore, even without proving actual damages the plaintiff is entitled to nominal damages” (Long Island Airports Limousine Service Corp. v. Northwest Airlines, 124 A.D.2d at 714, 508 N.Y.S.2d 223 [internal citations omitted]). Since a wrongful eviction occurred here, the plaintiff is entitled to nominal damages in the sum of $1 (see id. at 714, 508 N.Y.S.2d 223; Vias v. Rohan, 119 A.D.2d 672, 501 N.Y.S.2d 109).

Who won?

The tenant prevailed in part, as he was awarded nominal damages of $1 despite not receiving compensatory damages. The court recognized that wrongful eviction constitutes a trespass, warranting nominal damages even without proof of actual damages.

The tenant prevailed in part, as he was awarded nominal damages of $1 despite not receiving compensatory damages. The court recognized that wrongful eviction constitutes a trespass, warranting nominal damages even without proof of actual damages.

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