Deceased Tenant's Girlfriend Has No Claim on Prior Landlord-Tenant Settlement

Landlord signed a settlement agreement in 2009 with rent-stabilized tenants in connection with the building's demolition. The girlfriend of one tenant who died later sued other tenants and their attorney, claiming legal malpractice and breach of contract. She argued that the deceased tenant's shares of the settlement were wrongly distributed to the other tenants. The tenants and their attorney asked the court to dismiss the case. The court ruled in their favor. The girlfriend appealed and lost. The deceased tenant's girlfriend couldn't step into tenant's shoes and sue for breach of contract; the settlement agreement between landlord and tenants didn't provide for pooling of settlement proceeds; and the girlfriend couldn't establish damages or cause on her legal malpractice claim against the attorney who represented tenants. She didn't sign the settlement agreement and wasn't an intended third-party beneficiary.

Dilek v. Rozenholc: Index No. 7698, 2018 NY Slip Op 08349 (App. Div. 1 Dept.; 12/6/18; Friedman, JP, Mazzarelli, Kern, Oing, JJ)