Garanin v Bykhovsky

Holding The court affirmed the dismissal of the plaintiff’s claim for wrongful eviction under RPAPL 853 because he failed to establish that he was in actual physical possession of the property. The plaintiff voluntarily moved to a side unit and only visited the main part of the home to see his children, not to occupy it.

The court’s words

RPAPL 853 provides that "[i]f a person is disseized, ejected, or put out of real property in a forcible or unlawful manner"

2026 NY Slip Op 05166, at the official text

"This statute is directed at unlawful evictions of tenants or other lawful occupants of property who have been in actual physical possession"

2026 NY Slip Op 05166, at the official text

"is only available to one evicted from property of which he or she was in actual possession"

2026 NY Slip Op 05166, at the official text

the defendants established, prima facie, that the plaintiff did not actually possess, occupy, or attempt to actually possess or occupy the main part of the home

2026 NY Slip Op 05166, at the official text