In 110-45 Queens Blvd. Garage, Inc. v. Park Briar Owners, Inc., 265 AD2d 415, 696 N.Y.S.2d 490 , the Appellate Division, Second Department, found for a landlord that asserted its common law right for peaceable re-entry to recover possession.
The tenant was not entitled to repossession after a forceful entry but was relegated to recovery of damages resulting from a forcible re-entry.
The court reasoned that there was a question of fact as to whether the ouster was peaceable or forcible.
"However, it is clear from this record that restoring the Petitioner to possession would be futile, because the Appellant would prevail in a summary proceeding to evict the Petitioner.
The Petitioner, if it be so advised, may move in the Civil Court to assert a claim to recover damages for forcible re-entry."