Family Member Can Claim Pass-On Rights While Tenant Argues Primary Residence

September 30, 2009

LVT Number: #22167

Landlord sued to evict rent-controlled tenants, husband and wife, for nonprimary residence. Landlord claimed that tenants lived in East Hampton, asked for permission to conduct pretrial questioning, and asked the court to strike tenant’s inconsistent defenses. On the one hand, tenants claimed that the New York City apartment was their primary residence. On the other hand, they claim that, if the apartment wasn’t their primary residence, their son had succession rights to the apartment. The court ruled for landlord in part.

Landlord sued to evict rent-controlled tenants, husband and wife, for nonprimary residence. Landlord claimed that tenants lived in East Hampton, asked for permission to conduct pretrial questioning, and asked the court to strike tenant’s inconsistent defenses. On the one hand, tenants claimed that the New York City apartment was their primary residence. On the other hand, they claim that, if the apartment wasn’t their primary residence, their son had succession rights to the apartment. The court ruled for landlord in part. Landlord could conduct pretrial questioning of tenants and their son. But an appeals court had ruled previously that tenants could raise alternative defenses, as done in this case.

Giancola v. Lorme: NYLJ, 9/2/09, p. 28, col. 1 (Civ. Ct. Kings; Finkelstein, J)

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