Okeke v. Ewool
New York Supreme Court, Appellate Division
964 N.Y.S.2d 949 (2013)
Relevant factsFree
Okeke (plaintiff) rented housing from Ewool (defendant), who wrongfully evicted him; after the appellate court found in Okeke's favor on liability and remanded on damages, Okeke was unable to prove either that his remaining lease value exceeded rent owed or any other actual damages, and the trial court ruled he was not entitled to compensatory damages. Okeke appealed the damages ruling.
IssueFree
Whether a plaintiff who has been trespassed against but cannot prove actual damages is nonetheless entitled to nominal damages.