Pattison Sampson Defeats False Eviction Claim
Published on Tuesday, March 2, 2021
March 3, 2021-Troy NY
PATTISON SAMPSON DEFEATS FALSE EVICTION CLAIM
On February 19, 2021 the Court in Moran v. Lambert Building Co., LLC vindicated Michael Ginsberg and dismissed the claims of a tenant who falsely asserted that she had been illegally evicted from a Troy apartment by Lambert Building Co. and its’ representative Michael Ginsberg.
The Court found that landlord never attempted to evict the tenant, never threatened to evict tenant and importantly never “prevented access to the premises” by tenant.
It was determined by the Court that the tenant had voluntarily agreed to terminate the lease and vacate the apartment by Sept. 30, 2020 which was confirmed by text message and tenant’s conduct. According to the Court the photographic and testimonial evidence presented by Landlord demonstrated that as of Sept. 30, 90-95% of tenant’s belongingness had been removed from the property, that there was nowhere to sit, nowhere for a child or adult to sleep, no edible food, no toiletries, no shower curtain and a fly infestation.
The Court stated: “without any furniture or edible food for herself or her child it is impossible for the Court to conclude that Petitioner intended to stay in possession.”
On Oct. 1, 2020 tenant falsely reported to the Democratic Socialists of America that her landlord was “trying too illegally evict me.”
On Oct. 14, 2020 she together with her representative from United Tenants contacted landlord’s representative, Michael Ginsberg, and stated that she was only interested in making arrangements to retrieve the belongings she had left behind.
Landlord provided tenant the opportunity to retrieve those belongings on Oct 22, however instead of retrieving her items a protest had been organized based upon her false claims of an illegal eviction. Based upon tenant’s false allegations protesters were arrested, prosecuted and convicted.
“Such false assertions have the effect of damaging and undermining the legitimacy of activities aimed at helping those who are truly in need and actually experiencing a housing crisis”, said Thomas Lavery, Esq. the winning attorney.
In spite of tenant’s demand for tens of thousands of dollars in damages she was ordered to pay the landlord for the condition she left the apartment in.
During these unprecedented times of the Covid19 pandemic landlords have been neglected by the Federal Govt. and excluded from stimulus relief. To further add insult tenants have attempted to take advantage.
To view the decision click here
