Co-op Owner Seeks Eviction of Rent-Stabilized Tenant's Wife

April 1, 1993

LVT Number: 6836

Landlord cooperative apartment owner sued to evict rent-stabilized tenant's wife. Tenant had separated from his wife and assigned his interest in the subscription agreement to landlord. The wife claimed that she'd lived in the apartment with tenant since the start of their marriage and was entitled to remain as tenant. The trial court ruled for landlord, finding that the cooperative conversion was done under an eviction plan. Tenant appealed. The appeals court found that landlord never proved in court that the conversion plan actually was an eviction plan.

Landlord cooperative apartment owner sued to evict rent-stabilized tenant's wife. Tenant had separated from his wife and assigned his interest in the subscription agreement to landlord. The wife claimed that she'd lived in the apartment with tenant since the start of their marriage and was entitled to remain as tenant. The trial court ruled for landlord, finding that the cooperative conversion was done under an eviction plan. Tenant appealed. The appeals court found that landlord never proved in court that the conversion plan actually was an eviction plan. The case was sent back for further fact-finding in trial court.

Rives v. Warshaw: NYLJ, p. 21, col. 2 (3/23/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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