Son Didn't Live with Tenant

March 1, 1994

LVT Number: 8601

Landlord sued to evict rent-controlled tenant's son after tenant died. Landlord asked the court to rule in its favor without a trial. The court refused, and landlord appealed. The appeals court ruled for landlord. Landlord had already presented documentary proof of the son's voter registration, voting history, recent divorce pleadings, and employer personnel records---all showing that the son lived in Brooklyn. Utility records also showed minimal electricity use at the apartment during the year before tenant's death. Son claimed he'd lived in the apartment since 1983, but offered no proof.

Landlord sued to evict rent-controlled tenant's son after tenant died. Landlord asked the court to rule in its favor without a trial. The court refused, and landlord appealed. The appeals court ruled for landlord. Landlord had already presented documentary proof of the son's voter registration, voting history, recent divorce pleadings, and employer personnel records---all showing that the son lived in Brooklyn. Utility records also showed minimal electricity use at the apartment during the year before tenant's death. Son claimed he'd lived in the apartment since 1983, but offered no proof. There were no factual issues here that required a trial.

May Leun Realty Corp. v. Gargano: NYLJ, p. 28, col. 1 (2/28/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

Topics

More like this