Court Can't Rule on Loft Law Coverage of Tenant's Wife

April 30, 2011

LVT Number: #23360

Landlord sued tenant, asking the court to determine whether tenant was subject to Loft Law protection. The court ruled for tenant, and noted that tenant's wife was also covered by the Loft Law. Landlord appealed that portion of the decision and won. Tenant's wife wasn't a party to the case, and tenant didn't seek any ruling on her status. So the court went too far by ruling that she was also protected. Whether tenant's wife had succession rights couldn't be decided until or unless she remained in the loft after tenant died or moved out.

Landlord sued tenant, asking the court to determine whether tenant was subject to Loft Law protection. The court ruled for tenant, and noted that tenant's wife was also covered by the Loft Law. Landlord appealed that portion of the decision and won. Tenant's wife wasn't a party to the case, and tenant didn't seek any ruling on her status. So the court went too far by ruling that she was also protected. Whether tenant's wife had succession rights couldn't be decided until or unless she remained in the loft after tenant died or moved out.

191 Chrystie LLC v. Ledoux: NYLJ, 4/4/11, p. 20, col. 4 (App. Div. 1 Dept.; Andrias, JP, Catterson, Moskowitz, Abdus-Salaam, Roman, JJ)

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