Deceased Rent-Stabilized Tenant's Niece Seeks to Maintain Parking Space
LVT Number: #33725
Landlord sued to evict apartment occupant from a "commercial" parking space in a residential apartment building. The occupant, without legal counsel, signed a court stipulation, agreeing to give up the space. Later, after getting an attorney, the occupant asked the court to vacate the stipulation. The court agreed, and landlord appealed.
The appeals court ruled against landlord. The occupant had a potentially meritorious defense. The parking space may be an ancillary service connected with the rent-stabilized tenancy of the occupant's deceased uncle. And the occupant planned to claim succession rights to the apartment. It also was possible that landlord should have named the estate of the deceased tenant as a party to the lawsuit, since tenant's last renewal lease had not yet expired. The case was reopened for further determination.
420 E. 80th LLC v. Coles: Index No. 570229/25, 2025 NY Slip Op 50767(U)(App. T. 1; 5/15/25; Hagler, PJ, Tisch, James, JJ)