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GENEVIEVE FILBY, Respondent, v. JOHN GADEN, Appellant.

In an action by a tenant to recover damages by reason of her landlord's acts in removing personal effects from her premises, and failing to restore all of them until after the issuance of an order of the court, judgment in favor of plaintiff reversed on the law and the facts and a new trial granted, costs to abide the event. A wrongful trespass or eviction of a tenant by the landlord constitutes a tort and renders the landlord liable in damages for any loss the tenant may suffer as a natural consequence of the wrongful act. (2 Clark on New York Law of Damages, § 749.) The record herein contains no evidence of injuries, or the extent thereof, which are compensable in this action. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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FILBY v. GADEN
(May 16, 1949)