Landlord Needn't Deliver Court Papers to Executor of Estate
LVT Number: 14228
(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonprimary residence. Tenant didn't appear in court. The apartment occupant did appear and stated that the tenant was deceased. He said also that landlord's court papers were defective because landlord didn't deliver a copy to the executor of tenant's estate. The court ruled against occupant. The administrator of tenant's estate never took possession of the apartment. By law, he wasn't a necessary party to the eviction case.
420-428 Amsterdam Ave., LLC v. Mohammed: Index No. 50835/99 (Civ. Ct. NY 5/25/00; Fitzpatrick, J) [10-pg. doc.]
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