Tenant's Statement in Prior Discontinued Case Not Determinative

Landlord sued to evict rent-controlled tenant's son after tenant died. The son claimed pass-on rights to the apartment. Landlord asked the court to dismiss the claim without a trial. In a prior eviction case, tenant had made a statement indicating that his son didn't live in the apartment. The court ruled against landlord. Landlord appealed and lost. Tenant's prior statement was made in a case that was discontinued without a court ruling on any issue relevant to this case. So questions of fact remained as to whether tenant's son primarily resided in the apartment with tenant for at least two years before tenant died. A trial was needed to determine the facts.

152-156 E. 22nd St. LLC v. Valenti: NYLJ, 4/28/06, p. 28, col. 3 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)