Tenant Died While Case Pending

December 1, 1994

LVT Number: 9329

Landlord sued to evict tenant for nuisance. Tenant died before the case went to trial. Tenant's wife asked the court to dismiss the case, arguing that landlord's nuisance claim was against her husband, not her. Landlord asked the court to proceed with the case and substitute tenant's wife in tenant's position. Landlord claimed that tenant's wife had no right to ask the court to dismiss the case against her husband. The court agreed, and ordered that tenant's wife be substituted for tenant in the case. Then the court dismissed the case, and landlord appealed.

Landlord sued to evict tenant for nuisance. Tenant died before the case went to trial. Tenant's wife asked the court to dismiss the case, arguing that landlord's nuisance claim was against her husband, not her. Landlord asked the court to proceed with the case and substitute tenant's wife in tenant's position. Landlord claimed that tenant's wife had no right to ask the court to dismiss the case against her husband. The court agreed, and ordered that tenant's wife be substituted for tenant in the case. Then the court dismissed the case, and landlord appealed. Landlord couldn't prove that tenant's wife had violated the lease by being a nuisance.

Lee v. Pakeman: NYLJ, p. 34, col. 2 (11/29/94) (App. T. 2 Dept.; Kassoff, JP, G. Aronin, Patterson, JJ)

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