Eviction Case Reopened for Tenant's Daughter Claiming Succession Rights

April 28, 2020

LVT Number: #30739

Landlord sued to evict rent-stabilized tenant, who didn't appear in court or answer landlord's petition. Tenant's daughter appeared in court without an attorney and signed a settlement agreement to vacate the apartment. Later, she retained an attorney who promptly asked the court to vacate the stipulation. The daughter claimed that she had a meritorious succession defense. The court ruled against the daughter, who appealed and won. The daughter, now represented by counsel, showed the existence of an arguably meritorious succession claim.

Landlord sued to evict rent-stabilized tenant, who didn't appear in court or answer landlord's petition. Tenant's daughter appeared in court without an attorney and signed a settlement agreement to vacate the apartment. Later, she retained an attorney who promptly asked the court to vacate the stipulation. The daughter claimed that she had a meritorious succession defense. The court ruled against the daughter, who appealed and won. The daughter, now represented by counsel, showed the existence of an arguably meritorious succession claim. The daughter's request to the lower court wasn't barred by the court's prior refusal to sign her order to show cause that she brought without an attorney. The proof the daughter submitted through her attorney wasn't previously presented.

1901 Hennessy LLC v. Vicente: Index No. 570628/19, NYLJ No. 1583482055 (App. T. 1; 2/24/20; Shulman, PJ, Cooper, Edmead, JJ)

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