Default by Tenant's Son Excused Based on Succession Claim

July 21, 2020

LVT Number: #30865

Landlord sued to evict apartment occupants in 2018 after tenant died. The court ruled for landlord based on the failure by two occupant/licensees to appear in court, after an initial appearance. Occupants appealed, and one of them won.  The case had been adjourned previously, and one occupant showed no basis to excuse his default. But the appeals court ruled in favor of the other occupant. He said that he didn't understand that the lower court had adjourned the case to a specific future date, and he hadn't been referred to legal services as the court had directed.

Landlord sued to evict apartment occupants in 2018 after tenant died. The court ruled for landlord based on the failure by two occupant/licensees to appear in court, after an initial appearance. Occupants appealed, and one of them won.  The case had been adjourned previously, and one occupant showed no basis to excuse his default. But the appeals court ruled in favor of the other occupant. He said that he didn't understand that the lower court had adjourned the case to a specific future date, and he hadn't been referred to legal services as the court had directed. So he had an excuse. This occupant also had a potential meritorious defense. He claimed that tenant was his father, that he'd lived with tenant in the apartment for 40 years, and that he'd tendered use and occupancy payments to landlord.

Gamma Bedford, LLC v. Cineas: Index No. 2018-1455 KC, 2020 NY Slip Op 50727(U)(App. T. 2 Dept.; 6/12/20; Weston, JP [dissenting in part], Aliotta, Siegal, JJ)

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