Family Member Was in Jail for Some Period Before Tenant Died

Landlord sued to evict apartment occupant after tenant died. Occupant claimed succession rights to the apartment and landlord asked the court for permission to conduct pre-trial questioning. Occupant objected. He had been in jail for part of the two-year period before tenant died, starting before commencement of that period. Landlord sought production of documents for two years before occupant’s incarceration, claiming that the incarceration tolled the two-year period. The court ruled that the two-year period wouldn’t be deemed interrupted by any period where the family member temporarily relocated under a court order. If the jail time tolled the two-year period, it would interrupt the period and landlord’s interpretation would render the regulation’s language ineffective. However, although occupant didn’t need to prove his co-residency with tenant for the full two years before he went to jail, he did have to disclose proof of his address just before he was incarcerated.

86 West Corp. v. Doe: 73483/2016; NYLJ No. 1202771804422 (Civ. Ct. NY; 11/3/16; Stoller, J)