Landlord Didn't Serve Occupant with Court Papers

November 1, 1996

LVT Number: 11007

Landlord sued to evict tenant for nonpayment of rent. Landlord served papers only on one tenant, even though her twin sister had also lived in the apartment for many years and sometimes paid the rent. So tenant claimed that landlord's notice and petition were defective. Landlord claimed that tenant's sister was merely an occupant. The court ruled against landlord and dismissed the case. Both sisters paid rent to landlord on many occasions. Tenant's sister was a necessary party who should have been joined in the case.

Landlord sued to evict tenant for nonpayment of rent. Landlord served papers only on one tenant, even though her twin sister had also lived in the apartment for many years and sometimes paid the rent. So tenant claimed that landlord's notice and petition were defective. Landlord claimed that tenant's sister was merely an occupant. The court ruled against landlord and dismissed the case. Both sisters paid rent to landlord on many occasions. Tenant's sister was a necessary party who should have been joined in the case.

1451 Realty LLC v. Berger: NYLJ, p. 36, col. 2 (10/23/96) (Civ. Ct. Kings; Callender, J)

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