Landlord Can't Evict Tenant's Daughter While Succession Claim Grievance Still Pending

Landlord sued to evict tenant's adult daughter after tenant died. The daughter had filed an Article 78 appeal of NYCHA's decision denying her remaining family member grievance, and it was undisputed that the remaining family member grievance was still being pursued. The daughter claimed that landlord's Notice to Quit was confusing and defective. So the case should be dismissed. The court agreed, finding that the notice to quit was premature, and contrary to the settlement stipulation signed by attorneys for both sides, which agreed that tenant was continuing a "third step grievance" in her appeal of NYCHA's decision denying her succession claim. The eviction case was dismissed without prejudice. Landlord could start the case again in the future if tenant lost the grievance claim.

NYCHA v. Rosario: Index No. 802176/18, NYLJ No. 156923700 (Civ. Ct. Bronx; 9/19/19; Sanchez, J)