Default by Tenant's Son Excused Based on Succession Claim
LVT Number: #30865
Landlord sued to evict apartment occupants in 2018 after tenant died. The court ruled for landlord based on the failure by two occupant/licensees to appear in court, after an initial appearance. Occupants appealed, and one of them won. The case had been adjourned previously, and one occupant showed no basis to excuse his default. But the appeals court ruled in favor of the other occupant. He said that he didn't understand that the lower court had adjourned the case to a specific future date, and he hadn't been referred to legal services as the court had directed.
Gamma Bedford, LLC v. Cineas: Index No. 2018-1455 KC, 2020 NY Slip Op 50727(U)(App. T. 2 Dept.; 6/12/20; Weston, JP [dissenting in part], Aliotta, Siegal, JJ)