Tenant's Estate Isn't Necessary Party

July 31, 1996

LVT Number: 10779

Landlord sued to evict the occupant of a rent-stabilized apartment after tenant died and the renewal lease expired. The court ruled against landlord and dismissed the case because landlord didn't add tenant's estate as a party to the proceeding. Landlord appealed and won, and the case was reopened. Any claim to the apartment by tenant's estate ended when tenant's lease terminated. So there was no reason for landlord to add tenant's estate as a party to the proceedings. Also, the occupant that landlord was suing was the executor of tenant's will and tenant's sole beneficiary.

Landlord sued to evict the occupant of a rent-stabilized apartment after tenant died and the renewal lease expired. The court ruled against landlord and dismissed the case because landlord didn't add tenant's estate as a party to the proceeding. Landlord appealed and won, and the case was reopened. Any claim to the apartment by tenant's estate ended when tenant's lease terminated. So there was no reason for landlord to add tenant's estate as a party to the proceedings. Also, the occupant that landlord was suing was the executor of tenant's will and tenant's sole beneficiary.

Jane Street Co. v. Suttoni: NYLJ, p. 21, col. 3 (7/26/96) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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