Landlord's Father Claims Landlord Gave Him Apartment for Life

Facts: Landlords, husband and wife, allowed wife's parents to occupy second-floor apartment in their house. Parents gave landlords $50,000 toward purchase of the house and construction of the apartment. After wife's mother died, wife's father lived in the apartment for four years without paying rent. Landlords then obtained an order of protection requiring the father to stay away from the apartment for one year. Later, they sent a 30-day notice terminating his tenancy and started an eviction proceeding. Father claimed landlords agreed to let him live in the apartment for life. Father was living out of state at that point and didn't appear on the trial date. The court denied father's attorney an adjournment and held the trial. Landlords admitted that father gave them funds, but claimed there was no agreement that he could live in the apartment permanently. The court ruled for landlords, although it stated that it wasn't making any ruling on whether father had been given any rights to the apartment for life. Father appealed.

Court: Father wins. The case was reopened and sent back for a new trial. The court should have granted an adjournment to allow father to appear for trial. And, while the court can't decide in an eviction proceeding if father had right to stay in the apartment for life, father could raise this as a defense to the eviction claim.

Paladino v. Sotille: NYLJ, 4/20/07, p. 30, col. 6 (App. T.2 Dept.; Rudolph, PJ, Lippman, Molia, JJ)