Marcado v. Weinheim

OPINION OF THE COURT

Edward H. Lehner, J.

The plaintiff in this action was removed from his apartment on July 3,1980 pursuant to a warrant duly issued in a summary proceeding in this court. Items that were in his apartment immediately prior to his eviction were not located when he redeemed his property from the New York City Department of Sanitation, which is charged with storing property removed during an eviction.

Plaintiff sues Danny Weinheim, the City Marshal who performed the eviction, the landlord and the moving company. Significantly, he did not join the City of New York. At the trial he…