New Trial Required on Occupant's Pass-on Claim

June 30, 2004

LVT Number: 17425

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant's nontraditional family member and entitled to pass-on rights. The court ruled for occupant after a jury trial. Landlord appealed and won. The evidence presented at trial didn't support the jury's finding. Occupant didn't prove that he had lived in the apartment for at least two years before tenant died or that he lived with tenant in an emotionally and financially committed relationship. The case was sent back for a new trial.

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed that he was tenant's nontraditional family member and entitled to pass-on rights. The court ruled for occupant after a jury trial. Landlord appealed and won. The evidence presented at trial didn't support the jury's finding. Occupant didn't prove that he had lived in the apartment for at least two years before tenant died or that he lived with tenant in an emotionally and financially committed relationship. The case was sent back for a new trial.

BNS Bldgs. LLC v. Philippe: NYLJ, 6/10/04, p. 29, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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