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Salem v. U.S. Bank N.A – Case Brief Summary (New York)

In Salem v. U.S. Bank N.A., 82 AD3d 865, 918 N.Y.S.2d 532 [2011]), abandonment was found to have occurred where the plaintiff admitted to having removed her furniture and discontinued her utilities several months before her locks were changed.

Such abandonment defeated the element of possession necessary to sustain a claim for wrongful eviction Overall, it appears that the failure to pay rent, long-term absence from the premises and leaving the premises in a state of disrepair are factors that indicate abandonment.