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Filby v. Gaden

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1949
275 App. Div. 847 (N.Y. App. Div. 1949)

Opinion

May 16, 1949.


In an action by a tenant to recover damages by reason of her landlord's acts in removing personal effects from her premises, and failing to restore all of them until after the issuance of an order of the court, judgment in favor of plaintiff reversed on the law and the facts and a new trial granted, costs to abide the event. A wrongful trespass or eviction of a tenant by the landlord constitutes a tort and renders the landlord liable in damages for any loss the tenant may suffer as a natural consequence of the wrongful act. (2 Clark on New York Law of Damages, § 749.) The record herein contains no evidence of injuries, or the extent thereof, which are compensable in this action. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.


Summaries of

Filby v. Gaden

Appellate Division of the Supreme Court of New York, Second Department
May 16, 1949
275 App. Div. 847 (N.Y. App. Div. 1949)
Case details for

Filby v. Gaden

Case Details

Full title:GENEVIEVE FILBY, Respondent, v. JOHN GADEN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 16, 1949

Citations

275 App. Div. 847 (N.Y. App. Div. 1949)

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