Tenant Died Before Judgment Entered in Eviction Proceeding

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. The case was adjourned in court a number of times during 2012. Tenant never appeared. Instead, tenant's nephew appeared, stating that tenant was in poor health. The court referred the case to APS, who found tenant ineligible for services. Finally, the court held an inquest on July 16, 2012, adjourned the case for landlord to submit a memo of law on July 25, 2012, then entered an order in landlord's favor on Aug. 15, 2012. Tenant's nephew then asked the court to vacate the judgment and warrant that resulted from the court's order, and to dismiss the case. He pointed out that tenant died on July 23, 2012. The court ruled for the nephew in part. Since tenant died before judgment was entered, the court no longer had jurisdiction and the judgment and warrant were void. Although the court did have the authority to substitute a party for tenant, there was no one to substitute. The nephew had lived in the apartment with tenant for the past 12 years. But he wasn't a family member entitled to succession rights and no executor or administrator for the estate had been appointed. The judgment and warrant were vacated, but the case wasn't dismissed.

Margis Realty Co. LLC v. Rafaela: Index No. 61954/2012, NYLJ No. 1202589474589 (Civ. Ct. NY; 1/23/13; Stoller, J)