Tenant's `Common Law' Wife Can't Get Apartment

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant was alive when judgment was awarded on Oct. 8, 1993, but died before judgment was entered on November 4. Tenant's common law wife then asked the court to vacate the judgment. She claimed she was entitled to pass-on rights. The court ruled against wife. Technically, this wasn't a pass-on case. Landlord had sued to evict tenant for nonpayment of rent. The judgment against tenant was valid because it was awarded before tenant died. Entry of the judgment, which took place after tenant died, was merely an administrative act. Wife also appeared on behalf of tenant and herself in nonpayment case and didn't object to the fact that she wasn't served with a nonpayment notice or named in the petition. At the time, the trial court had appointed an attorney for tenant only, not his wife. This was within the court's discretion. And even if pass-on rights did apply, wife didn't prove enough of a legal or financial commitment with tenant to qualify.

Jorge v. Pacton: NYLJ, p. 28, col. 4 (1/5/94) (City Ct. Yonkers; Smith, J)