Trial Required

December 1, 1993

LVT Number: 8372

Landlord sued to evict rent-controlled tenant's family member after tenant died. Family member claimed he'd lived in the apartment as his primary residence with tenant for at least two years before tenant died. The trial court ruled for family member, and dismissed landlord's petition without a trial. Landlord appealed. The appeals court ruled for landlord, and reopened the case. Family member didn't prove his claim that he'd complied with the legal requirements for pass-on rights.

Landlord sued to evict rent-controlled tenant's family member after tenant died. Family member claimed he'd lived in the apartment as his primary residence with tenant for at least two years before tenant died. The trial court ruled for family member, and dismissed landlord's petition without a trial. Landlord appealed. The appeals court ruled for landlord, and reopened the case. Family member didn't prove his claim that he'd complied with the legal requirements for pass-on rights. A trial was needed to decide whether family member lived in the apartment as his primary residence with tenant for the required two years.

9th Street Estates v. Rohatynska: NYLJ, p. 30, col. 1 (11/18/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

Topics

More like this