Landlord Can't Sue to Evict Super's Roommate Without Also Adding Super to Case

November 29, 2017
LVT Number: #28064

Landlord sued to evict a licensee occupant, who lived in one bedroom of the building super's basement apartment. The occupant had lived there over 10 years in a room that the super rented to him. The occupant asked the court to dismiss the case because landlord hadn't also named the super as a party-respondent in the proceeding. The court ruled for occupant. The super was a necessary party, who lived in the apartment without paying rent as a term of his employment and sublet a portion of it to occupant. Landlord can't bring the case against the occupant alone. 

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418 West 130 Street, LLC v. Baez: Index No. 78169/2015, NYLJ No. 1202799913933 (Civ. Ct. NY; 9/25/17; Weisberg, J)