MEPHISTO MGT., LLC v. MOON 170 MERCER, INC.

4147. 653456/13.

151 A.D.3d 416 (2017)

2017 NY Slip Op 04365

52 N.Y.S.3d 858

MEPHISTO MANAGEMENT, LLC, Appellant-Respondent, v. MOON 170 MERCER, INC., et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 1, 2017.


The complaint states a cause of action for wrongful eviction based on an invalid warrant (RPAPL 853; see e.g. Rodriguez v 1414-1422 Ogden Ave. Realty Corp., 304 A.D.2d 400 [1st Dept 2003]; Mayes v UVI Holdings, 280 A.D.2d 153 [1st Dept 2001]). Defendant Moon 170 Mercer, Inc.'s service of a 10-day notice to cure a default, commencement of a new holdover proceeding,

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