Tenant Moved from Apartment After He Got Married

March 1, 1999

LVT Number: 13052

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The appeals court also ruled against tenant. Landlord proved that tenant had moved out of the apartment when he got married and lived with his wife in Suffern, New York. Tenant's mother had remained in the apartment and tenant hadn't moved back into the apartment until after his mother died. Tenant couldn't claim pass-on rights since he hadn't lived in the apartment together with his mother.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The appeals court also ruled against tenant. Landlord proved that tenant had moved out of the apartment when he got married and lived with his wife in Suffern, New York. Tenant's mother had remained in the apartment and tenant hadn't moved back into the apartment until after his mother died. Tenant couldn't claim pass-on rights since he hadn't lived in the apartment together with his mother.

328 W. 86th Assocs. v. Schwartz: NYLJ, p. 26, col. 2 (2/9/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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