Judgment by Agreement Against Deceased Tenant's Son Was Void

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant's family member signed a court-ordered settlement agreement that gave landlord possession and $6,000 in back rent owed. The court then entered a final judgment for landlord in May 2018. In September 2018, the court denied the request by tenant's family member to vacate the judgment. He appealed and won. Tenant was the only respondent named in landlord's court papers and had died by the time landlord started the eviction proceeding. So the case was a nullity from the start, and the defect couldn't be cured by an agreement between landlord and her family member to amend the "void" nonpayment petition caption to substitute apartment occupant-family member for the deceased tenant. All lower court proceedings were vacated, and the case was dismissed.

356-358 Sjp, LLC v. Stewart: Index No. 2018-2176KC, 2020 NY Slip Op 51000(U)(App. T. 2 Dept.; 8/28/20; Aliotta, PJ, Siegal, Toussaint, JJ)