Landlord Can't Add Deceased Tenant's Spouse as Party to Nonpayment Case

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant died before the trial date, and landlord asked the court to add tenant's surviving spouse as a party to the case, to substitute in place of tenant. The spouse, who had signed a new lease for the apartment with landlord in 2022, asked the court to dismiss landlord's request. The court ruled for the spouse. Landlord hadn't named the spouse in the nonpayment case, filed in 2022, even though it was aware of his presence in the apartment. And tenant's estate would be the more appropriate party to substitute into the case. However, the new lease with the spouse terminated the possessory interest of the deceased tenant's estate in the unit. And the spouse, as a successor, couldn't be joined in the nonpayment proceeding against prior tenant. 

Union Avenue Estates v. Russell: Index No. 304522/22, NYLJ 10/19/22, p. 17, col. 3 (Civ. Ct. Bronx; 10/11/22; Shahid, J)