Landlord Needn't Sue Tenant's Estate

Landlord sued to evict tenant's son after Mitchell-Lama tenant died. The trial court ruled against landlord because landlord sued only tenant's son individually and not tenant's estate. Landlord appealed, arguing that it had served a copy of the petition on the Public Administrator. Landlord claimed that this was a proper substitute and that, in so doing, it had, in effect, joined the tenant's estate in the case. The appeals court found that serving the Public Administrator didn't serve the purpose of suing the estate. But it wasn't necessary to sue the estate to maintain a proceeding to recover the apartment. Tenant's son was in sole possession of the apartment in his individual capacity and not as a representative of his mother's estate. The court reopened the case and sent it back for trial.

Ryerson Towers, Inc. v. Estate of Brown: NYLJ, p. 23, col. 2 (2/8/94) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Patterson, JJ)