Mitchell v. City of New York

OPINION OF THE COURT

Carl O. Callender, J.

This illegal lock-out claim basically raises the question of whether city policy overrides the statutory and case law requirements regarding unlawful evictions. The respondent City of New York essentially contends that if an abandonment case has been made according to city policy that is an efficient basis for taking over the apartment, changing the lock and refusing further access to the person claiming possession. These steps are permitted to be taken without use of the *223courts. In the instant case the petitioner was locked out by the respondent. The…