Brandt v. de Kosenko

The trial court erred in assessing treble damages against landlords for forcible detainer of the tenant (Real Property Actions and Proceedings Law,. § 853). Landlords procured a judgment of possession for nonpayment of rent, and tenant’s eviction was effected by a City Marshal and his representatives, acting under the mandate of a warrant of eviction. While there is no question but that the landlords are liable for compensatory damages (the eviction having subsequently been found to be illegal because of lack of service of process) there was insufficient basis for finding landlords…