Trial Required

June 30, 1996

LVT Number: 10689

Landlord sued to evict occupant after rent-stabilized tenant moved out of an apartment. Occupant claimed he had a family relationship with tenant and was entitled to pass-on rights. He also pointed out that on certain documents prepared by landlord, landlord had referred to him as a co-tenant. The court ruled against landlord without a trial and dismissed the case. Landlord appealed. The appeals court ruled for landlord, finding that a trial was needed to determine the facts.

Landlord sued to evict occupant after rent-stabilized tenant moved out of an apartment. Occupant claimed he had a family relationship with tenant and was entitled to pass-on rights. He also pointed out that on certain documents prepared by landlord, landlord had referred to him as a co-tenant. The court ruled against landlord without a trial and dismissed the case. Landlord appealed. The appeals court ruled for landlord, finding that a trial was needed to determine the facts. Occupant had showed no proof as yet that he had any relationship with tenant that qualified as a family relationship. And landlord's documents referring to occupant as co-tenant didn't confer any rights on occupant.

1041 Bushwick Ave. Assocs. v. Soriano: NYLJ, p. 36, col. 3 (6/14/96) (App. Div. 2 Dept.; Scholnick, JP, Aronin, Chetta, JJ)

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