Tenant's Wife Not Included in Proceeding

July 31, 1994

LVT Number: 8983

Landlord sued to evict tenant for nonprimary residence. Landlord served the court papers on tenant only, not naming his wife as a party to the case. Landlord argued that tenant's wife could be evicted under the same warrant of eviction issued against her husband. Tenant asked the court to dismiss the case, claiming that his wife should have been named in the court papers. The court ruled for tenant and dismissed the case. Landlord must serve court papers on all family members who reside with tenant and who may have rights to the apartment.

Landlord sued to evict tenant for nonprimary residence. Landlord served the court papers on tenant only, not naming his wife as a party to the case. Landlord argued that tenant's wife could be evicted under the same warrant of eviction issued against her husband. Tenant asked the court to dismiss the case, claiming that his wife should have been named in the court papers. The court ruled for tenant and dismissed the case. Landlord must serve court papers on all family members who reside with tenant and who may have rights to the apartment. Since tenant's wife had been living with tenant in the apartment for 27 years, her rights to the apartment are independent of her husband's.

Stanford Realty Assoc. v. Rollins: NYLJ, p. 22, col. 6 (7/27/94) (Civ. Ct. NY; Friedman, J)

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