Tenant's Husband Can't Be Restored to Possession

LVT Number: 9429

Tenant's husband asked the court to restore him to possession after tenant moved out. The court agreed, and landlord appealed. The appeals court ruled for landlord. The evidence showed that tenant's husband wasn't living in the apartment when his wife moved out. Husband didn't have keys to the apartment, and the building manager hadn't seen him in almost five years. Also, current tenant, who'd lived with tenant, stated that tenant's husband wasn't living in the apartment before his wife moved out.

Tenant's husband asked the court to restore him to possession after tenant moved out. The court agreed, and landlord appealed. The appeals court ruled for landlord. The evidence showed that tenant's husband wasn't living in the apartment when his wife moved out. Husband didn't have keys to the apartment, and the building manager hadn't seen him in almost five years. Also, current tenant, who'd lived with tenant, stated that tenant's husband wasn't living in the apartment before his wife moved out.

Tsionkas v. Clinton Housing Development Co., Inc.: NYLJ, p. 25, col. 2 (1/24/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)