Executor Can Bring Eviction Case

January 1, 2002

LVT Number: 15517

Deceased landlord's estate sued to evict rent-stabilized tenant for nonprimary residence and owner occupancy. Tenant asked the court to dismiss the case. He claimed that landlord's estate couldn't bring an eviction case. The court ruled for tenant only in part. Landlord's estate couldn't sue to evict for owner occupancy; only an individual, living person could do so. But landlord's estate could bring an eviction case based on nonprimary residence. What mattered was whether landlord could prove that tenant lived primarily in a house upstate.

Deceased landlord's estate sued to evict rent-stabilized tenant for nonprimary residence and owner occupancy. Tenant asked the court to dismiss the case. He claimed that landlord's estate couldn't bring an eviction case. The court ruled for tenant only in part. Landlord's estate couldn't sue to evict for owner occupancy; only an individual, living person could do so. But landlord's estate could bring an eviction case based on nonprimary residence. What mattered was whether landlord could prove that tenant lived primarily in a house upstate.

Estate of Marcus v. Davis: NYLJ, 12/12/01, p. 19, col. 4 (Civ. Ct. NY; Waithe, J)

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