In Nyamekye v. Madison , Absylom Nyamekye sought possession of an apartment rented to Lucille Madison. At issue was Ms. Madison's unwillingness to provide Nyamekye with all keys to the subject apartment's entrance-door locks.
While the Civil Court of the City of New York granted Nyamekye's motion for summary judgment and awarded him possession of the unit, the court stayed the issuance and execution of the warrant of eviction for a ten-day period, in order to afford Madison an opportunity to cure. Four months later, when Madison failed to comply, the court granted Nyamekye's request to proceed with an eviction.
On appeal, the Appellate Term, First Department, found that, by failing to provide keys to Nyamekye, Madison had breached a substantial obligation of her tenancy. The court was also of the opinion that Madison's "failure to afford [Nyamekye] meaningful access was not merely a negligent oversight, but an intentional failure to cooperate."
While the AT1 did not wish to condone Madison's conduct it recognized that forfeiture of her tenancy was a severe outcome. As a result, the court afforded Madison a final opportunity to stave off eviction by providing Nyamekye all keys within ten days. Failing that, Madison could be forcibly removed from her home by a New York City Marshal.
(Ironically, that latter entry was also likely to be keyless.)
To view a copy of the Appellate Term's decision, please use this link: Nyamekye v. Madison