Petition Stated Incorrect Status of Tenant

June 30, 2000

LVT Number: 14261

Landlord sued to evict apartment occupant after tenant died. In its petition, landlord described occupant as a tenant at sufferance. Occupant claimed that tenant was her grandfather and that she had pass-on rights to tenant's apartment. She also asked the court to dismiss the petition because it incorrectly stated her status. The court ruled for occupant and dismissed the case. Occupant was a licensee of tenant and may or may not have pass-on rights. But she wasn't a tenant at sufferance.

Landlord sued to evict apartment occupant after tenant died. In its petition, landlord described occupant as a tenant at sufferance. Occupant claimed that tenant was her grandfather and that she had pass-on rights to tenant's apartment. She also asked the court to dismiss the petition because it incorrectly stated her status. The court ruled for occupant and dismissed the case. Occupant was a licensee of tenant and may or may not have pass-on rights. But she wasn't a tenant at sufferance.

White Pains Hous. Auth. v. Marbury: NYLJ, 6/6/00, p. 30, col. 2 (App. T.2 Dept.; DiPaola, PJ, Floyd, Palella, JJ)

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