Family Member's Claim Decided in Prior Case

July 31, 2004

LVT Number: 17493

Landlord NYCHA sued to evict apartment occupant after tenant died. The court ruled for landlord based on occupant's failure to appear in court. Occupant later asked the court to vacate the default judgment. She claimed that she was a remaining family member entitled to pass-on rights. The court ruled against occupant. She appealed and lost. Before starting the eviction case, NYCHA had ruled in an administrative case that occupant wasn't a remaining family member entitled to pass-on rights. Occupant never appealed that decision.

Landlord NYCHA sued to evict apartment occupant after tenant died. The court ruled for landlord based on occupant's failure to appear in court. Occupant later asked the court to vacate the default judgment. She claimed that she was a remaining family member entitled to pass-on rights. The court ruled against occupant. She appealed and lost. Before starting the eviction case, NYCHA had ruled in an administrative case that occupant wasn't a remaining family member entitled to pass-on rights. Occupant never appealed that decision. So occupant couldn't claim pass-on rights as a defense in the eviction case. The issue was already decided.

NYCHA Albany Houses v. Collins: NYLJ, 7/14/04, p. 30, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

Topics

More like this