Tenant Permanently Moved to Nursing Home

July 31, 1999

LVT Number: 13413

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant had lived in a nursing home since 1995. The court properly ruled that tenant had permanently vacated the apartment. There was no proof that tenant intended or had the capacity to return to the apartment. Tenant's guardian didn't appeal the court's decision. Tenant's son did. But he had no standing to bring the appeal.

Landlord sued to evict tenant for nonprimary residence. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant had lived in a nursing home since 1995. The court properly ruled that tenant had permanently vacated the apartment. There was no proof that tenant intended or had the capacity to return to the apartment. Tenant's guardian didn't appeal the court's decision. Tenant's son did. But he had no standing to bring the appeal. Tenant's son also had no pass-on rights since he didn't move into the apartment until about the time tenant went into the nursing home.

Taub v. Thomas: NYLJ, p. 26, col. 2 (7/27/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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