Former Tenant's Son Can't Get Loft Unit

December 15, 2015

LVT Number: #26655

Landlord sued to evict loft occupant, who claimed succession rights. The court ruled for landlord. Occupant appealed and lost. Occupant and his mother moved out of the loft in 1990 while occupant was still a child. They lived together elsewhere for 14 years. Occupant returned to the loft in 2004 and sublet a portion of it from the remaining loft tenant. Occupant incorrectly based his succession claim on his primary residence with his mother for the two years before 1990. Any succession rights occupant had from his mother were abandoned when both of them moved out in 1990.

Landlord sued to evict loft occupant, who claimed succession rights. The court ruled for landlord. Occupant appealed and lost. Occupant and his mother moved out of the loft in 1990 while occupant was still a child. They lived together elsewhere for 14 years. Occupant returned to the loft in 2004 and sublet a portion of it from the remaining loft tenant. Occupant incorrectly based his succession claim on his primary residence with his mother for the two years before 1990. Any succession rights occupant had from his mother were abandoned when both of them moved out in 1990. The court also properly rejected occupant’s alternate claim that he had succession rights because he was a residential occupant on July 27, 1987.

 

 

 

David Ellis Real Estate v. Gillen: 49 Misc.3d 140(A), 2015 NY Slip Op 51587(U) (App. T. 1 Dept.; 11/4/15; Lowe III, PJ, Schoenfeld, Ling-Cohan, JJ)

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