Landlord Didn't Include Tenant's Wife in Nonprimary Residence Case

(Decision submitted by Manhattan attorney Michael K. Brown, attorney for the tenant.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord didn't name tenant's wife in court papers and didn't deliver the court papers to her. Tenant claimed that this made the petition defective and asked the court to dismiss the case. The court ruled for tenant. Whether tenant's wife should be a party to the case depended on whether she had a right to be in the apartment and whether landlord knew tenant had a wife. Tenant showed that his wife moved into the apartment in 1994 and that she had had dealings with the landlord, including signing a settlement agreement in a prior court case.

Pohl v. Braga: L&T Index No. 69133/00 (Civ. Ct. NY 8/4/00; Schachner, J) [2-pg. doc.]