Landlord's Daughter Seeks Eviction of Landlord's Son

Landlord of a multifamily dwelling died without a will. Landlord’s daughter asked the Surrogate Court to appoint her the sole administrator of landlord’s estate. She also asked the court to order landlord’s son to move out of the building due to his failure to comply with an agreement to cooperate in the building’s sale, to give the daughter copies of any leases, and to obtain a bond if he wanted to be named co-administrator. The son claimed that he had lived in the building for several months and that no one asked him to do anything during that time in connection with the building sale. The son also said that he would move out within 30 days of going to contract on any building sale. The son presented no proof that he was bondable. The court appointed the daughter as sole administrator and ruled that she could evict the son if he failed to provide access to appraisers, brokers, potential buyers, or any other person who reasonably needed access in connection with the sale or maintenance of the building.

Estate of Rios: NYLJ, 4/5/10, p. 31, col. 5 (Surr. Ct. Bronx; Holzman, J)