Tenant's Ex-Husband Gets Apartment

LVT Number: #29793

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed succession rights. He said he was the former spouse of the deceased tenant. The court ruled for occupant and dismissed the case. Landlord appealed and lost. Occupant, who was in his seventies, proved at trial that he gave up his separate apartment in 2014, moved back into tenant's apartment where he had lived previously while married to her, and did so to care for tenant, who was suffering from dementia and could no longer live on her own.

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178 East 70th Street, LLC v. Weizmann: 61 Misc.3d 147(A), 2018 NY Slip Op 51717(U)(App. T. 1 Dept.; 11/30/18; Shulman, PJ, Ling-Cohan, Gonzalez, JJ)