Landlord Dies While Case Pending

September 30, 2006

LVT Number: 19134

Landlord sued to evict rent-stabilized tenant for owner occupancy in August 2003. Landlord wanted the apartment for his married son and the son's family. In March 2004, while the case was pending, landlord died. The case was delayed and the court said no action could be taken immediately by either side. Tenant appealed and won. Since no legal representative of landlord's estate was substituted in the case, the proceeding was void and no appeal was needed. And new owners, who took over in June 2004, couldn't maintain an eviction proceeding on behalf of landlord's son.

Landlord sued to evict rent-stabilized tenant for owner occupancy in August 2003. Landlord wanted the apartment for his married son and the son's family. In March 2004, while the case was pending, landlord died. The case was delayed and the court said no action could be taken immediately by either side. Tenant appealed and won. Since no legal representative of landlord's estate was substituted in the case, the proceeding was void and no appeal was needed. And new owners, who took over in June 2004, couldn't maintain an eviction proceeding on behalf of landlord's son.

Hail v. Geary: NYLJ, 9/6/06, p. 29, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)

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