Estate Administrator Can't Bring Eviction Case

February 14, 2015

LVT Number: #25965

The administrator of the estate of a co-op apartment owner sued to evict the owner's son after sending a 30-day termination notice. The son claimed that he was entitled to the co-op shares, had lived there for some time, and had paid maintenance to the co-op corporation. The mother's will also gave the son only a 50 percent ownership interest in the apartment. The court dismissed the case. There was no landlord-tenant relationship between the estate administrator and the son.

The administrator of the estate of a co-op apartment owner sued to evict the owner's son after sending a 30-day termination notice. The son claimed that he was entitled to the co-op shares, had lived there for some time, and had paid maintenance to the co-op corporation. The mother's will also gave the son only a 50 percent ownership interest in the apartment. The court dismissed the case. There was no landlord-tenant relationship between the estate administrator and the son. And the administrator's court papers didn't state any other grounds that might give it a right to proceed in housing court. The administrator and the son also were involved in litigation in Surrogate's Court where they could resolve this dispute.

Wimpfheimer v. Burton: 46 Misc.3d 1205(A), 2015 NY Slip Op 50003(U) (Civ. Ct. NY; 1/5/15; Kraus, J)

Topics

More like this