Occupant of Co-op Apartment Has No Pass-on Rights

(Decision submitted by Alan D. Kucker and John M. Churneftsky of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) The estate of a cooperative apartment owner sued to evict co-op apartment occupant after co-op owner died. Occupant claimed pass-on rights to the apartment. He also claimed that the estate, as landlord, couldn't bring a licensee holdover case against him. Occupant asked the court to dismiss the case. The court ruled against occupant. Occupant lived with the co-op owner for eight years before she died without a will. No rights to the apartment were transferred to occupant. And the apartment wasn't subject to rent regulation, so occupant couldn't claim pass-on rights under any law. The apartment owner's estate was entitled to evict occupant.

Ketler v. Dow: Index No. 66726/02 (Civ. Ct. NY 9/9/02; Wendt, J) [6-pg. doc.]