Estate Can't Bring Case
LVT Number: 15580
(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord's estate sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case, claiming that an estate couldn't sue to evict for owner occupancy. Landlord had signed the termination notice but died before the court papers were sent to tenant. The court ruled for tenant. Neither the estate nor its executor could bring the case for owner occupancy; only an individual person could do that.
Estate of Marcus v. Kilpatrick: L&T Index No. 63010/01 (Civ. Ct. NY 11/16/01; Waithe, J) [6-pg. doc.]
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