Eviction Stayed Based on Potential Succession Claim

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant then asked the court to vacate the default judgment. While this request was pending, tenant died. Landlord argued that the court therefore should permit execution on the eviction warrant. There had been no request by tenant's estate to substitute into the case. The court ruled against landlord. Tenant's son, who had just turned 18, lived in the apartment and appeared to have a valid succession claim. The court found that the son had a right to raise his succession claim in this case, and the court had continuing authority over the case even after entry of the judgment for landlord. Execution on the eviction warrant was delayed until a proper request for substitution was presented.

Daly 180 HDFC v. Williamson: Index No. 23083/19, NYLJ No. 1597134134 (Civ. Ct. Bronx; 7/30/20; Lutwak, J)