Tenant's Son Didn't Move Into Apartment Until After Tenant Moved Out

November 1, 2001

LVT Number: 15373

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. There was no dispute that tenant had vacated the apartment and moved to Florida. Tenant's son, who had lived with her, died in 1997. Tenant's other son and his wife claimed pass-on rights to the apartment. The court ruled for landlord. The other son and his wife didn't prove that they lived with tenant's son or tenant for any period immediately before tenant moved out or tenant's son died.

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. There was no dispute that tenant had vacated the apartment and moved to Florida. Tenant's son, who had lived with her, died in 1997. Tenant's other son and his wife claimed pass-on rights to the apartment. The court ruled for landlord. The other son and his wife didn't prove that they lived with tenant's son or tenant for any period immediately before tenant moved out or tenant's son died. They also didn't show an ongoing connection with the apartment during the period in question.

Nagel v. Tarr: Index No. 82028/97 (Civ. Ct. NY 10/25/01; Milin, J) [9-pg. doc.]

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