New Trial Required

April 30, 1996

LVT Number: 10555

Landlord sued to evict occupant after rent-stabilized tenant died. Occupant claimed he was tenant's boyfriend and that he was entitled to pass-on rights to the apartment. Occupant appeared in court without an attorney. The court ruled for landlord. Occupant then got an attorney and requested a new trial. The court ruled against occupant, and he appealed. The appeals court ruled for occupant and granted a new trial. Occupant presented proof that was very relevant and could prove that he had a family relationship with tenant.

Landlord sued to evict occupant after rent-stabilized tenant died. Occupant claimed he was tenant's boyfriend and that he was entitled to pass-on rights to the apartment. Occupant appeared in court without an attorney. The court ruled for landlord. Occupant then got an attorney and requested a new trial. The court ruled against occupant, and he appealed. The appeals court ruled for occupant and granted a new trial. Occupant presented proof that was very relevant and could prove that he had a family relationship with tenant. Occupant lived in the apartment for over 10 years, named tenant as his beneficiary for union welfare benefits, and was described by others as having a close, family relationship with tenant and her children.

736 Riverside Dr. Corp. v. Doe: NYLJ, p. 25, col. 5 (4/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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