Executor Gets Order to Oust Deceased Co-op Tenant’s Brother

February 18, 2016

LVT Number: #26808

Executor sought possession of cooperative apartment and the corresponding shares after co-op tenant died, along with an order directing tenant’s brother to vacate the apartment and pay use and occupancy. The monthly mortgage and maintenance hadn’t been paid for the past year, and the executor sued CitiMortgage to stop them from auctioning the apartment. Citi agreed to a three-month adjournment, but the brother didn’t move out during that time. The brother admitted that the tenant’s estate owned the apartment and made a $200,000 claim against the estate.

Executor sought possession of cooperative apartment and the corresponding shares after co-op tenant died, along with an order directing tenant’s brother to vacate the apartment and pay use and occupancy. The monthly mortgage and maintenance hadn’t been paid for the past year, and the executor sued CitiMortgage to stop them from auctioning the apartment. Citi agreed to a three-month adjournment, but the brother didn’t move out during that time. The brother admitted that the tenant’s estate owned the apartment and made a $200,000 claim against the estate. The court ruled for the executor. Even if the brother had a legitimate claim against the estate, it didn’t entitle him to possession of the apartment. The executor’s request for a turnover of the apartment was granted.

 

 

 
Matter of Jakuboski: Index No. 2014-3542, NYLJ No. 1202746252638 (Surr. Ct. NY; 12/28/15; Anderson, Surr.)

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