Adopted Son Didn't Live with Tenant

Landlord sued to evict rent-stabilized tenant's adopted son after tenant died. The son claimed that he'd lived in the apartment with tenant and was entitled to pass-on rights. The trial court ruled for landlord, but the son then claimed to have newly discovered proof of his residency there and the court allowed him to reopen the case. Landlord appealed, and the appeals court reiterated the initial ruling for landlord. Tenant's son didn't show that the new evidence would change the result of the case, and it wasn't actually ``new.'' The son didn't show that he'd resided with tenant in the apartment as a primary resident for at least two years immediately before his father's death. The son had moved into the apartment in March 1981. But, tenant moved to California in June 1982 to stay with relatives and get medical treatment for cancer. Tenant died in California in March 1984, and his lease subsequently expired.

Haroust Corporation v. Chin: NYLJ, p. 23, col. 3 (4/22/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)