Trial Required on Spouse's Right to Apartment

LVT Number: 13411

Landlord sued to evict tenant's wife after rent-stabilized tenant died. The wife claimed her name was on the last renewal lease for the apartment and asked the court to dismiss the case without a trial. The court ruled against tenant's wife, and she appealed. The appeals court also ruled against tenant's wife. Whether tenant ever returned a lease to landlord with his wife's name on it before he died was an issue of fact that required a trial.

Landlord sued to evict tenant's wife after rent-stabilized tenant died. The wife claimed her name was on the last renewal lease for the apartment and asked the court to dismiss the case without a trial. The court ruled against tenant's wife, and she appealed. The appeals court also ruled against tenant's wife. Whether tenant ever returned a lease to landlord with his wife's name on it before he died was an issue of fact that required a trial. If the wife's name wasn't on the lease, then she would have to prove that she had pass-on rights to the apartment, which would also require a trial.

Riverside Syndicate, Inc. v. Grubb: NYLJ, p. 22, col. 3 (7/30/99) (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)