Landlord Can Question Deceased Tenant's Wife and Estate Executor

September 30, 1999

LVT Number: 13556

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed he had lived with tenant for 10 years before tenant died. Although tenant had gotten married in the mid-1970s, tenant's son claimed that the wife never lived with tenant in the apartment. Landlord asked the court for permission to conduct pretrial questioning of tenant's wife and the executor of tenant's estate. The court ruled for landlord.

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed he had lived with tenant for 10 years before tenant died. Although tenant had gotten married in the mid-1970s, tenant's son claimed that the wife never lived with tenant in the apartment. Landlord asked the court for permission to conduct pretrial questioning of tenant's wife and the executor of tenant's estate. The court ruled for landlord.

Tabak Family Realty Co. v. Kennedy: NYLJ, p. 27, col. 3 (9/1/99) (Civ. Ct. NY; Hahn, J)

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