Jailed Daughter Needn't Be Party in Eviction Case

LVT Number: 17025

Landlord grandmother sued to evict grandson from home she had shared with her daughter. The daughter was in jail when landlord started the eviction case. The grandson claimed that the daughter should have been made a party to the case. The court ruled against grandson. The daughter had at least two and a half years to go on her jail sentence. She didn't have a right to possession of the house and didn't have to be named a party to the eviction case.

Landlord grandmother sued to evict grandson from home she had shared with her daughter. The daughter was in jail when landlord started the eviction case. The grandson claimed that the daughter should have been made a party to the case. The court ruled against grandson. The daughter had at least two and a half years to go on her jail sentence. She didn't have a right to possession of the house and didn't have to be named a party to the eviction case.

Loschin v. Dixon: NYLJ, 11/4/03, p. 20, col. 1 (Dist. Ct. Nassau; Asarch, J)