Son of Deceased Tenant Must Start Eviction Case to Remove Brother from Apartment

November 13, 2013

LVT Number: #25126

After rent-controlled tenant died, one of her sons ousted his brother from the apartment. The brother had been in possession of the apartment at the time and sued the son, seeking restoration to the premises. The court ruled for the ousted son. The brother appealed and lost. The son who was in possession of the apartment when tenant died couldn't be removed from the apartment without legal process.

After rent-controlled tenant died, one of her sons ousted his brother from the apartment. The brother had been in possession of the apartment at the time and sued the son, seeking restoration to the premises. The court ruled for the ousted son. The brother appealed and lost. The son who was in possession of the apartment when tenant died couldn't be removed from the apartment without legal process.

Goris v. Salce: 41 Misc.3d 128(A), 2013 NY Slip Op 51678(U) (App. T. 1 Dept.; 10/15/13; Lowe III, PJ, Shulman, Torres, JJ)

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