New Trial Required on Son's Right to Apartment

June 30, 1994

LVT Number: 8899

After tenants moved out of the apartment, landlord got a judgment of possession against tenant's sons. One son then asked the court to vacate the judgment. This son was a minor at the time of the trial, but turned 18 years old shortly thereafter. The court denied the son's request, and he appealed. The appeals court ordered a new trial to determine the son's right to the apartment. The trial court had been too strict in deciding that the son's residence could only be with his parents. The son's status must be reevaluated because he'd reached age 18.

After tenants moved out of the apartment, landlord got a judgment of possession against tenant's sons. One son then asked the court to vacate the judgment. This son was a minor at the time of the trial, but turned 18 years old shortly thereafter. The court denied the son's request, and he appealed. The appeals court ordered a new trial to determine the son's right to the apartment. The trial court had been too strict in deciding that the son's residence could only be with his parents. The son's status must be reevaluated because he'd reached age 18. He now lived in the apartment, and his mother no longer financially supported him.

Wilma Realty Corp. v. Molina: NYLJ, p. 28, col. 4 (6/23/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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