Occupant Didn't Prove She Was Deceased Tenant's Daughter

(Decision submitted by Santo Golino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict apartment occupants after rent-stabilized tenant died. They claimed they were the daughter and son-in-law of tenant and that they had pass-on rights because they had lived with tenant for more than two years. The occupants asked the court to dismiss the case without a trial. They presented some documents showing the apartment as their address and some sworn statements from people who stated that their New Jersey address was only a summer home. Landlord questioned whether the occupant was tenant's daughter, and pointed out that her marriage certificate listed a different maiden name from tenant's. Landlord asked the court for permission to conduct pretrial questioning. The court ruled against occupants and for landlord. Occupants had shown only that they were living in the apartment. There were factual questions concerning their relationship with tenant and whether they lived in the apartment as their primary residence for the required period. So landlord was entitled to conduct pretrial questioning to get further information.

Melohn v. Unger: L&T Index No. 68074/99 (7/20/99) (Civ. Ct. NY; Kramer, J) [4-pg. doc.]