Tenant's Nephew Can't Get Apartment

Landlord sued to evict rent-controlled tenant's nephew after tenant died. The nephew claimed succession rights as a nontraditional family member. After trial, a jury found that the nephew failed to prove a financial commitment and interdependence with tenant. But the trial judge granted the nephew's request to set aside the verdict. Landlord appealed and won. Evidence presented at trial showed that tenant and the nephew didn't jointly own property or intermingle their finances in any meaningful way. Tenant named her son, and not the nephew, as the beneficiary under her will and gave the son power of attorney. The son handled tenant's financial transactions and paid for household items such as a stove and air conditioner. The nephew generally didn't contribute to household costs such as rent or electricity, although he was financially able to do so for much of the time he lived in the apartment with tenant. The appeals court reinstated the jury verdict.

Fort Washington Holdings, LLC v. Abbott: NYLJ, 5/21/12, p. 20, col. 5 (App. T. 1 Dept.; Shulman, JP, Schoenfeld, Torres, JJ)