Eviction Stayed Based on Potential Succession Claim

LVT Number: #30989

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to vacate the default judgment. While this request was pending, tenant died. Landlord argued that the court therefore should permit execution on the eviction warrant. There had been no request by tenant's estate to substitute into the case. The court ruled against landlord. Tenant's son, who had just turned 18, lived in the apartment and appeared to have a valid succession claim.

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Daly 180 HDFC v. Williamson: Index No. 23083/19, NYLJ No. 1597134134 (Civ. Ct. Bronx; 7/30/20; Lutwak, J)