62-Year-Old Daughter Must Prove She Lived with Tenant for One Year Before Tenant Died

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Occupant claimed that she was tenant's daughter and had lived in the apartment with tenant since 1970. Landlord sought pre-trial document production from the daughter for proof of her claim. The daughter argued that landlord's document request was too broad. The daughter was 62 years old and claimed that any document production should go back only one year before her 62nd birthday. But the daughter turned 62 after tenant died. Landlord was permitted to request documents for the one year period before tenant died. Because the daughter was now 62, she only had to prove she lived in the apartment with tenant as her primary residence for at least one year, not two, before tenant died.

901 Bklyn Realty v. Woods-Najac: Index No. 083917/17, NYLJ No. 1524110689 (Civ. Ct. Kings; 3/16/18; Sikowitz, J)