Estate Can Bring Case

LVT Number: 15587

Landlord's estate sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that an estate couldn't sue to evict for nonprimary residence. Landlord had signed the termination notice but died before the court papers were sent to tenant. The court ruled against tenant. Landlord's estate, through the executor, can go forward with the nonprimary residence claim against tenant.

Landlord's estate sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that an estate couldn't sue to evict for nonprimary residence. Landlord had signed the termination notice but died before the court papers were sent to tenant. The court ruled against tenant. Landlord's estate, through the executor, can go forward with the nonprimary residence claim against tenant.

Estate of Marcus v. Davis: L&T Index No. 63010/01 (Civ. Ct. NY 11/16/01; Waithe, J)[6-pg. doc.]

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