Estate of Tenant's Deceased Husband Not Included in Lawsuit

April 1, 1998

LVT Number: 12231

(Decision submitted by Larry Furtzaig of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord and dismissed the case because landlord didn't name the estate of tenant's deceased husband as a party to the lawsuit. Landlord appealed and won. The case was sent back for further proceedings. The husband's estate wasn't a necessary party. Tenant's husband died in 1991 and wasn't a named party on tenant's renewal lease.

(Decision submitted by Larry Furtzaig of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord and dismissed the case because landlord didn't name the estate of tenant's deceased husband as a party to the lawsuit. Landlord appealed and won. The case was sent back for further proceedings. The husband's estate wasn't a necessary party. Tenant's husband died in 1991 and wasn't a named party on tenant's renewal lease.

Hull Ave. Assocs. v. Weiss: NYLJ, p. 28, col. 1 (3/23/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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