Roommate Had Hostile Relationship with Tenant

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Facts: Landlord sued to evict tenant's roommate after tenant died. The roommate claimed that she was tenant's nontraditional family member, entitled to pass-on rights. The roommate had a domestic partnership certificate with tenant and was named in tenant's will. They held one joint bank account. She testified that she had lived with tenant for 14 years, she was now 60, and tenant died at age 87. She considered him to be like her father. The building super testified that tenant's roommate frequently screamed at him and that other tenants complained. Tenant's son testified that tenant and the roommate didn't have a family relationship. Tenant's pastor testified that tenant didn't consider the roommate to be a family member and that he was about to change his will to cut out the $9,000 annual Medicare trust he had set up for her. Shortly after that, tenant fell out of his bed at home and was sprawled on his back on the floor for 36 hours before his roommate called the pastor for help. Tenant died the next day. Tenant's roommate admitted that she left tenant on the floor during that time. Court: Landlord wins. The hostile relationship between tenant and his roommate showed there was no family relationship. Also, the roommate didn't pay household expenses, and the one joint bank account was for emergency purposes in case tenant went to the hospital. The domestic partnership certificate by itself didn't prove a relationship and clearly was done for the roommate's convenience.

55 Spring St. Assocs., LP v. Hill: L&T Index No. 118378/98 (Civ. Ct. NY 1/22/01; Hagler, J) [21-pg. doc.]