Estate Wasn't Necessary Party to Eviction Case

January 1, 2002

LVT Number: 15518

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant was tenant's daughter and claimed pass-on rights. She also asked the court to dismiss the case because landlord hadn't sent copies of the court papers to deceased tenant's estate. The court ruled for tenant. Landlord appealed and won. Tenant had renewed his lease for a two-year term but died before the lease renewal went into effect. Tenant's estate had no possessory rights to the apartment but was only entitled to remain to wind up tenant's affairs.

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant was tenant's daughter and claimed pass-on rights. She also asked the court to dismiss the case because landlord hadn't sent copies of the court papers to deceased tenant's estate. The court ruled for tenant. Landlord appealed and won. Tenant had renewed his lease for a two-year term but died before the lease renewal went into effect. Tenant's estate had no possessory rights to the apartment but was only entitled to remain to wind up tenant's affairs. So the estate wasn't a necessary party to the eviction case.

Carnegie Mgmt. Co. v. Oppenheimer: NYLJ, 12/24/01, p. 21, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

Topics

More like this