Plaintiff brought this small claims proceeding to recover five thousand dollars

($5,000.00) alleging in essence conversion of his vehicle and attendant expenses.

Plaintiff further claims a refund of rental paid for his "illegal" apartment.

Plaintiff rented his apartment from the prior owner of the premises at 151

Overlook Street in Mount Vernon. He had some kind of arrangement with the prior

owner to leave his car in the driveway while he fixed it. [*2]

Defendant purchased the property and told plaintiff that his car in the driveway

was interfering with his (defendant's) use of his premises. He asked him to remove it.

Defendant warned plaintiff that if he did not remove the car within a specific period of

time it would be towed away.

Eventually, the defendant had the car removed. The plaintiff is now asking for

the cost of the car ($200.00), insurance paid ($822.00) and the cost of fixing the car

($882.00). Defendant's actions here were appropriate. He gave sufficient warning of

his intentions and need not allow plaintiff to use his property for storage. See, Behm v.

Damm, 91 NYS 735 (2nd Dept. 1905); Reed v. Esplanade Gardens, Inc., 91 Misc 2d

991 (NY City Civ. Ct. 1977); Restatement, @TOAS 2d, §260.

Finally, plaintiff presented no evidence on his claim for return of rent and

security. As a matter of law, he is not entitled to refund of paid rent on an illegal

apartment. See, Lipkis v. Pikus, 99 Misc 2d 518 (App. Term 1st Dept. 1979) affd 72

AD2d 697 (1st Dept. 1982); 58 E. 130th St. LLC v. Mouton, 25 Misc 3d 509 (NY City

Civ. Ct. 2009).

The above complies with this Court's statutory charge to do substantial justice

between the parties.

The above constitutes the decision and order of the Court.

Dated: Mount Vernon, New York

March 6, 2014

[*3]HON. ADAM SEIDEN

Associate City Judge of Mount Vernon