Father Can Evict Son from Co-op Apartment

Landlord father bought a co-op apartment in 1991, gave his son the keys, and told him the apartment was his. The son never received a contract or deed but paid the monthly maintenance to the co-op corporation for 18 years. The father’s health declined over the years, as did his relationship with the son. In 2007, the father told the son he intended to sell the apartment. He offered to sell it to the son at a below-market price. The son then stopped paying the maintenance, and the father sued to evict him in housing court. The son then sued the father in State Supreme Court. He asked the court to stop the eviction proceeding and to construct a trust giving him rights to the apartment. The court ruled against the son. The purpose of a constructive trust is to prevent unjust enrichment. In no meaningful way could the son claim that his father was unjustly enriched by their arrangement.

Carnivale v. Carnivale: NYLJ, 9/9/09, p. 27, col. 1 (Sup. Ct. Queens; Markey, J)