Tenant's Son Not Bound by Agreement

July 31, 1997

LVT Number: 11660

Facts: Tenant lived in apartment with his girlfriend and his two sons. Tenant eventually married girlfriend and died the following year. Landlord gave renewal lease to tenant's widow. Older son moved out and remaining minor son was sent to group home as Person In Need of Supervision. Tenant's widow later moved out under an agreement with landlord to vacate. Minor son then sued landlord, claiming that he could move back into the apartment. The court ruled for son, and landlord appealed. Court: Landlord loses.

Facts: Tenant lived in apartment with his girlfriend and his two sons. Tenant eventually married girlfriend and died the following year. Landlord gave renewal lease to tenant's widow. Older son moved out and remaining minor son was sent to group home as Person In Need of Supervision. Tenant's widow later moved out under an agreement with landlord to vacate. Minor son then sued landlord, claiming that he could move back into the apartment. The court ruled for son, and landlord appealed. Court: Landlord loses. Tenant's son hadn't vacated and surrendered his rights to the apartment when he went to the group home. Tenant's widow wasn't son's legal guardian when she signed agreement with landlord. So it wasn't binding on the son, who was no longer a minor.

Colon v. BQL Realty Owner: NYLJ, p. 30, col. 3 (7/2/97) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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