Tenant's Daughter Not Named in Petition

March 1, 1997

LVT Number: 11303

Landlord sued to evict tenants, husband and wife, for nonpayment of rent. The court ruled for landlord based on tenants' default. Tenants' daughter later asked the court to vacate the default judgment. She claimed she lived in the apartment, that tenants had moved out, and that she hadn't been named as a party in the eviction papers. She claimed that landlord's petition was therefore defective. Landlord argued that tenants never surrendered possession, so their daughter wasn't a proper party. The court ruled for tenant's daughter.

Landlord sued to evict tenants, husband and wife, for nonpayment of rent. The court ruled for landlord based on tenants' default. Tenants' daughter later asked the court to vacate the default judgment. She claimed she lived in the apartment, that tenants had moved out, and that she hadn't been named as a party in the eviction papers. She claimed that landlord's petition was therefore defective. Landlord argued that tenants never surrendered possession, so their daughter wasn't a proper party. The court ruled for tenant's daughter. Even though tenants didn't formally vacate and surrender, daughter showed that landlord helped them move out in 1994. Landlord also knew that daughter had lived in the apartment since 1982.

1701 Albemarle Realty Corp. v. Palmer: NYLJ, p. 33, col. 3 (2/5/97) (Civ. Ct. Kings; Baynes, J)

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