Nephew Didn't Prove Financial Ties

LVT Number: #25687

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah Goldstein Altschuler Nahins & Goidel, P.C., attorneys for the landlord.)

Landlord sued to evict rent-controlled tenant's nephew, who claimed succession rights as a nontraditional family member. After trial, the jury found that the nephew didn't prove succession rights and ruled for landlord. But the judge threw out the verdict and dismissed the case. Landlord appealed and won. The nephew then appealed to a higher court and lost. The instructions to the jury told them to consider both whether the nephew lived with tenant and had a close emotional relationship with her, and whether they shared financial interdependence. Both of these factors were required elements of the rent control law governing passing on apartments. The evidence was sufficient to support the jury's finding that there was no financial commitment and interdependence between tenant and her nephew. [Click here for PDF.]

Fort Washington Holdings, LLC v. Abbott: 2014 NY Slip Op 05605, Index No. 570049/11 (App. Div. 1 Dept.; 7/31/14; Mazzarelli, JP, Friedman, DeGrasse, Richter, Manzanet-Daniels, JJ)


Index_570049_11.pdf890.95 KB