Landlord Didn't Include Tenant's Estate in Eviction Proceeding

December 1, 2006

LVT Number: 19284

Landlord cooperative corporation sued to evict apartment occupant after co-op tenants died. The occupant was the daughter of one of the two co-op tenants. The court ruled for landlord. The daughter then hired an attorney and asked the court to vacate the judgment for landlord. Landlord hadn't named the estates of either of the two co-op tenants as parties to the eviction proceeding. The court ruled for the daughter and vacated the judgment and warrant. A proprietary lease to a cooperative apartment becomes the personal property of the proprietary lessee's estate when the lessee dies.

Landlord cooperative corporation sued to evict apartment occupant after co-op tenants died. The occupant was the daughter of one of the two co-op tenants. The court ruled for landlord. The daughter then hired an attorney and asked the court to vacate the judgment for landlord. Landlord hadn't named the estates of either of the two co-op tenants as parties to the eviction proceeding. The court ruled for the daughter and vacated the judgment and warrant. A proprietary lease to a cooperative apartment becomes the personal property of the proprietary lessee's estate when the lessee dies. So the estate must be made a party to any court action seeking possession of the apartment.

1682-1700 Sterling Pl. Housing Development Fund Corp. v. Stewart: NYLJ, 11/3/06, p. 23, col. 3 (Civ. Ct. Kings; Fiorella, J)

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