New Owner Can Evict Seller and His Family

April 15, 2013

LVT Number: #24722

New owner sued to evict prior owner and other occupants from the house, claiming that their license to live there was expired. Prior owner agreed to vacate, but his daughter claimed that her father and his ex-wife owned the house together and that the father was unauthorized to sell. She asked for an adjournment of the trial so that owner could call seller as a witness. The court denied her request and ruled for owner. The daughter appealed and lost. Owner wasn't required to call seller as a witness, and the daughter hadn't subpoenaed seller as a witness.

New owner sued to evict prior owner and other occupants from the house, claiming that their license to live there was expired. Prior owner agreed to vacate, but his daughter claimed that her father and his ex-wife owned the house together and that the father was unauthorized to sell. She asked for an adjournment of the trial so that owner could call seller as a witness. The court denied her request and ruled for owner. The daughter appealed and lost. Owner wasn't required to call seller as a witness, and the daughter hadn't subpoenaed seller as a witness. The court had previously advised her to do so if she wanted this person to appear as a trial witness. The trial court reasonably denied the adjournment request.

Lee v. Han: 39 Misc.3d 132(A), 2013 NY Slip Op 50480(U) (App. T. 2 Dept.; 3/29/13; Pesce, PJ, Weston, Solomon, JJ)

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