Tenant Occupied Other Rent-Controlled Apartment

Landlord sued to evict the occupant of a rent-stabilized apartment after tenant died. The occupant claimed that he was a family member who had pass-on rights to the apartment. Landlord claimed that the occupant lived in another rent-controlled apartment during the two-year period he claimed that he lived with tenant before tenant died, and therefore couldn't prove succession rights. The court ruled against landlord. Landlord appealed and won. In a prior eviction case between the occupant and a different landlord, the occupant claimed that he primarily resided in the rent-controlled apartment for the period in question. The occupant settled the prior case by agreeing to move out for $150,000. Since the occupant's settlement agreement in the prior case was so-ordered by the court, the occupant was legally barred from making the contrary claim about his primary residence in the new case.

Ennismore Apartments, Inc. v. Gruet: NYLJ, 9/23/10, p. 29, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)