## Facts

- Emmanuel Okeke rented residential premises from Waldrine Ewool and related defendants.
- Okeke was evicted from the premises, and he sued in New York Supreme Court for wrongful eviction.
- The defendants failed to appear or answer, and on a prior appeal the Appellate Division allowed judgment on liability upon the defaults and sent the case back to the Supreme Court for an inquest on damages.
- At the damages inquest, Okeke sought compensatory damages, including damages measured by the value of the unexpired lease term and damages for claimed losses flowing from the eviction.
- The proof at the inquest did not establish that the value of the remaining lease term exceeded the rent Okeke was obligated to pay.
- The proof also did not establish actual, direct damages caused by the eviction (including claimed personal-property loss).
- After the inquest, the Supreme Court determined that the defendants owed no damages to Okeke.
- Okeke appealed from the post-inquest order that awarded him zero damages.

## Issues

1. Whether a plaintiff who has established liability for wrongful eviction (including by default) but fails to prove compensatory damages is still entitled to nominal damages.
2. Whether the record supported the Supreme Court’s determination that Okeke did not prove compensatory damages for wrongful eviction (leasehold value above rent and/or other actual damages directly caused by the eviction).

## Decision

- The Appellate Division modified the Supreme Court’s order.
- The court agreed that Okeke failed to prove compensatory damages because he did not show that the value of the unexpired lease term exceeded the rent due under the lease and did not prove actual damages flowing directly from the eviction.
- The court held, however, that because liability for wrongful eviction had been established, Okeke was entitled to nominal damages.
- The court deleted the provision finding that defendants owed no damages and substituted a provision awarding Okeke nominal damages of $1.
- As modified to award $1, the order was otherwise affirmed.

## Legal Principles

- The measure of compensatory damages for wrongful eviction is (1) the value of the unexpired lease term over and above the rent the tenant must pay under the lease, plus (2) any actual damages flowing directly from the wrongful eviction (which may include loss of personal property).
- Even when liability is established by default, a plaintiff must prove damages with competent evidence at an inquest to recover compensatory damages.
- When a legal wrong has been established but compensatory damages are not proven, nominal damages may be awarded to reflect the violation of the plaintiff’s rights.

## Conclusion

Okeke established liability for wrongful eviction based on the defendants’ defaults, but he did not prove compensatory damages because he failed to show any leasehold value above rent or other actual, direct losses from the eviction. The Appellate Division therefore left the denial of compensatory damages intact but modified the order to award $1 in nominal damages, since liability had been established and an award of zero damages was improper.


Okeke v. Ewool, 964 N.Y.S.2d 949 (2013)