Tenant's Son Claims Pass-On Rights One and a Half Years After Case Started
LVT Number: 14065
Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant never filed an answer, although she claimed that she lived in the apartment as her primary residence. The court gave landlord permission to conduct pretrial questioning on this issue. One and a half years after landlord brought the case, it was ready to go to trial. Tenant and her son, who lived with her, then claimed that tenant had moved out and that the son had pass-on rights. They asked the court for permission to file an answer in the case raising this defense. Landlord objected. The court ruled for tenant, and landlord appealed. Since tenant had changed the basis for her defense, the appeals court ruled against landlord only on the condition that tenant reimburse landlord for the costs and attorney's fees spent on pretrial questioning and investigation of the nonprimary residence claim.
Maya Realty Assocs. v. Varghese: NYLJ, 4/24/00, p. 34, col. 1 (App. T.2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)