Landlord Can't Evict Spouse Pending Will Contest

May 31, 2011

LVT Number: #23436

Landlord of co-op apartment sought eviction of the common-law spouse of deceased tenant in Surrogate's Court. The court permitted the spouse to remain in the apartment pending a ruling on whether he had standing to object to the will, on condition that he pay maintenance, insurance, utilities, and upkeep. Landlord appealed and lost. At some point in the future, there could be a determination that the common-law spouse had sole ownership of the apartment. So the court properly exercised its discretion.

Landlord of co-op apartment sought eviction of the common-law spouse of deceased tenant in Surrogate's Court. The court permitted the spouse to remain in the apartment pending a ruling on whether he had standing to object to the will, on condition that he pay maintenance, insurance, utilities, and upkeep. Landlord appealed and lost. At some point in the future, there could be a determination that the common-law spouse had sole ownership of the apartment. So the court properly exercised its discretion.

Horowitz v. Oberman: 2011 NY Slip Op, 2011 WL 1990666 (App. Div. 1 Dept.; 5/24/11; Tom, JP, Saxe, Moskowitz, Acosta, Abdus-Salaam, JJ)

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