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being restored to possession and seeking damages

Posted by consigliere on January 06, 2002 at 11:41:30:

In Reply to: what next? posted by Roger on January 06, 2002 at 10:38:56:

It looks like it's time to get a new lawyer.

If the apartment is no longer rent regulated, it might be wise to bring a proceeding to remove the new tenant toward the end of the lease. But if the apartment is considered rent regulated for the new tenant, your chances of recovering the apartment become less the longer your lawyer waits to restore you to possession.

When did you retain the lawyer? For the appeal? For the motion to restore you to possession? Earlier?

You had your best chance of remaining in possession when the sheriff or marshal served you with the 72-hour/6-day notice of eviction. A proper order to show cause should have stayed the eviction, whether in landlord-tenant court or in the appellate term.

Of course, you still have the right to seek damages, whether or not you're restored to possession. Your damages will be much larger if you're not restored to possession.

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