MARTINEZ v. NGALAM (2018)

Supreme Court, Appellate Term, New York,

Ercia MARTINEZ, Petitioner-Tenant-Appellant v. Tita S. NGALAM, Respondent-Landlord-Respondent.

570242 /16

Decided: October 15, 2018

PRESENT: Gonzalez, J.P., Cooper, Edmead, JJ.

Order (Enedina Pilar Sanchez, J.), entered on or about January 4, 2017, affirmed, without costs.

A forcible entry and detainer proceeding does not lie in the circumstances here present, since respondent-landlord entered and remained in possession of the commercial premises, not by “force or unlawful means” (RPAPL 713[10] ), but pursuant to a lawful (stipulated) final judgment of possession and a duly issued warrant of eviction entered in a nonpayment proceeding between the parties, and petitioner-tenant's applications to vacate that judgment were denied (see Ngalam v. Martinez, 53 Misc 3d 155[A], 2016 NY Slip Op 51761[U] [App Term, 1st Dept 2016] ). The valid Civil Court judgment awarding possession to landlord is a “complete defense” to tenant's claim that she was wrongfully evicted (Dinolfi v. Berkeley Assoc. Co., 98 AD2d 644, 644 [1983]; see Campbell v. Maslin, 91 AD2d 559 [1982], affd 59 NY2d 722 [1983] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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