Tenant Who Moved to Nursing Home Didn't Surrender Possession
LVT Number: 18798
Landlord sued to evict tenant's daughter, claiming that she was a licensee whose license had expired because tenant had moved into a nursing home. The court ruled against landlord. Landlord appealed and lost. Landlord hadn't sued to evict tenant, and tenant hadn't surrendered possession. So landlord couldn't sue to evict tenant's daughter directly.
Valley Dream Housing Co., Inc. v. Lupo: NYLJ, 3/9/06, p. 29, col. 3 (App. T. 2 Dept.; Rudolph, PJ, Angiolillo, McCabe, JJ)