Attorneys Reed and DeSai win appeal in Talmadge Village LLC v. Wilson

Attorneys Derek Reed and Kevin DeSai successfully appealed the trial court’s imposition of Executive Order 106 in staying the execution of a writ of possession to remove an occupant from a residential apartment complex during the eviction moratorium on behalf of the landlord in the case Talmadge Village LLC v. Wilson. In its decision, the Appellate Division agreed with Mr. Reed’s position at oral argument that the moratorium on the execution of writs of possession only applies to tenants and owners, not occupants with no right, title or interest in the property. The decision was approved for publication by the court on July 1, 2021 and sets a statewide precedent for an issue that has resulted in inconsistent trial court orders over the past year and a half.

View Full Decision here: Talmadge Village LLC v. Wilson