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SAPP v. THE PROPELLER COMPANY LLC

5 A.D.3d 181 (2004)

772 N.Y.S.2d 515

ANTHONY SAPP et al., Appellants, v. THE PROPELLER COMPANY LLC et al., Respondents. (And a Third-Party Action.)

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

March 9, 2004.

An actual eviction occurs when a landlord wrongfully ousts a tenant from physical possession of the leased premises (Barash v Pennsylvania Term. Real Estate Corp., 26 N.Y.2d 77, 82-83 [1970]). Although plaintiff tenants demonstrated that, for some unspecified period following a fire, defendant landlords padlocked the building in which plaintiffs had leased premises, there are triable issues of fact as to whether the premises in question...

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