Daughter Didn't Prove Succession Rights to Rent-Stabilized Apartment

June 24, 2020

LVT Number: #30817

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out. The daughter claimed succession rights to the apartment. The trial court ruled for landlord. The daughter appealed and lost. The trial court fairly interpreted the evidence to find that the daughter didn't reside primarily with tenant for two years before tenant moved out. There was extensive documentation that the daughter lived and worked in California much of that time.

Landlord sued to evict rent-stabilized tenant's daughter after tenant moved out. The daughter claimed succession rights to the apartment. The trial court ruled for landlord. The daughter appealed and lost. The trial court fairly interpreted the evidence to find that the daughter didn't reside primarily with tenant for two years before tenant moved out. There was extensive documentation that the daughter lived and worked in California much of that time. The trial court also found the daughter's testimony to be "not credible." The trial court also properly exercised discretion in denying a further adjournment when the daughter fired her Legal Aid attorney shortly after the court set the trial date and had ample time to retain new counsel.

BPP ST Owner LLC v. Jackson: Index No. 570392/19, 2020 NY Slip Op 50537(U)(App. T. 1 Dept.; 5/8/20; Cooper, JP, Edmead, Torres, JJ)

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