Tenant's Estate Not Named as Party to Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent. Tenant's family member and apartment occupant appeared in court and advised landlord that tenant had died. Landlord then signed a settlement agreement with the family member that gave landlord a judgment of possession and authorized the issuance of an eviction warrant. The family member later asked the court to dismiss the case or vacate the settlement agreement. The court ruled for the family member. Although landlord argued that it had no prior knowledge of tenant's death, tenant's lease became the personal property of his estate when he died, and landlord's housing court petition was fatally defective without naming the estate as a party. The case was dismissed.

Willoughby Properties LLC v. Lloyd: Index No. 82240/2011, NYLJ No. 1202537451178 (Civ. Ct. Kings; 12/23/11; Lai, J)