Estate of Deceased Tenant Not Named in Petition

February 1, 1999

LVT Number: 12964

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Tenant claimed that landlord's petition was defective. Landlord didn't name tenant's estate as a party to the eviction case, even though tenant's lease hadn't yet expired. The court ruled for tenant's daughter and dismissed the case. Landlord couldn't bring a case to evict tenant's daughter as a licensee without first legally recovering the apartment from tenant's estate. Landlord's failure to name the estate as a party in the petition was a fatal error.

Landlord sued to evict rent-stabilized tenant's daughter after tenant died. Tenant claimed that landlord's petition was defective. Landlord didn't name tenant's estate as a party to the eviction case, even though tenant's lease hadn't yet expired. The court ruled for tenant's daughter and dismissed the case. Landlord couldn't bring a case to evict tenant's daughter as a licensee without first legally recovering the apartment from tenant's estate. Landlord's failure to name the estate as a party in the petition was a fatal error.

Cyline Properties Co. v. Lyngstad: NYLJ, p. 26, col. 5 (1/6/99) (Civ. Ct. Bronx; Fiorella, J)

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