Tenant Can't Sue Landlord's Daughter for Breach of Tenant's Lease

August 24, 2021

LVT Number: #31553

Tenant sued someone he claimed was his landlord, claiming a breach of tenant's lease and seeking $25,000. The named "landlord" asked the court to dismiss the complaint. A copy of the lease in question showed it was made between tenant and the father of the person whom tenant named as landlord in the lawsuit. The actual landlord had died in June 2018, and no representative had been appointed for his estate. The court denied the request of landlord's daughter to dismiss the case against her. She appealed and won.

Tenant sued someone he claimed was his landlord, claiming a breach of tenant's lease and seeking $25,000. The named "landlord" asked the court to dismiss the complaint. A copy of the lease in question showed it was made between tenant and the father of the person whom tenant named as landlord in the lawsuit. The actual landlord had died in June 2018, and no representative had been appointed for his estate. The court denied the request of landlord's daughter to dismiss the case against her. She appealed and won. There was no landlord-tenant relationship between tenant and landlord's daughter. And there could be no breach of contract without a contractual relationship or privity between the parties.

Herson v. Marzullo: Index No. 2020-393KC, 2021 NY Slip Op 50651(U)(App. T. 2 Dept.; 7/2/21; Weston, JP, Toussaint, Golia, JJ)

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