Deceased Tenant's Home Care Aide Had No Pass-On Rights

LVT Number: #23541

Landlord sued to evict rent-stabilized tenant's son after tenant died, claiming that the son was a licensee with no right to remain in the apartment. Some time after the case began, a woman asked the court to dismiss the case because she hadn't been added as a party. She claimed to be tenant's granddaughter. The court ruled against her. The woman was in fact tenant's home care attendant, wasn't named in tenant's lease, and didn't live in the apartment at any time. She had no right to be joined in the case and no claim of succession rights.

Landlord sued to evict rent-stabilized tenant's son after tenant died, claiming that the son was a licensee with no right to remain in the apartment. Some time after the case began, a woman asked the court to dismiss the case because she hadn't been added as a party. She claimed to be tenant's granddaughter. The court ruled against her. The woman was in fact tenant's home care attendant, wasn't named in tenant's lease, and didn't live in the apartment at any time. She had no right to be joined in the case and no claim of succession rights.

M&M Crown Realty LLC v. Griffith: Index No. 072566/10, NYLJ No. 1202499352255 (Civ. Ct. Kings; 6/17/11; Finkelstein, J)