Trial Required

February 1, 1995

LVT Number: 9438

Landlord sued to evict tenant's daughter after tenant's death. Landlord asked the court to evict the daughter without a trial because she'd kept a separate apartment in Brooklyn, and tenant hadn't listed the daughter on her Senior Citizen Rent Increase Exemption (SCRIE) applications. The daughter argued that she had pass-on rights to the apartment because she'd lived there with her mother before her mother died. She submitted sworn statements from a neighbor and a letter carrier to support her claim. The court refused to evict the daughter without a trial, and landlord appealed.

Landlord sued to evict tenant's daughter after tenant's death. Landlord asked the court to evict the daughter without a trial because she'd kept a separate apartment in Brooklyn, and tenant hadn't listed the daughter on her Senior Citizen Rent Increase Exemption (SCRIE) applications. The daughter argued that she had pass-on rights to the apartment because she'd lived there with her mother before her mother died. She submitted sworn statements from a neighbor and a letter carrier to support her claim. The court refused to evict the daughter without a trial, and landlord appealed. The appeals court ruled that a trial was required because there were factual issues in dispute.

Denco Distributors Inc. v. Rolla: NYLJ, p. 25, col. 4 (1/31/95) (App. T. 1 Dept.; Ostrau, JP, Miller, Glen, JJ)

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