Tenant's Wife Not Joined in Case

Landlord sued to evict apartment occupants after serving a 10-day notice to quit. Landlord named Edward Van Arken, John Doe, and Jane Doe in the petition. Van Arken appeared in court and, by formal arrangement, agreed to move out. The court then ruled for landlord. Van Arken's wife then asked the court to reopen and dismiss the case. She hadn't been named in the notice to quit or the petition. She showed that she'd lived in the apartment at all times with Van Arken. She also showed that the apartment was subject to rent stabilization. So she and her husband were rent-stabilized tenants and the licensee holdover case was improper. She also claimed that Van Arken had agreed to move out because he was leaving her while she was undergoing chemotherapy and didn't tell her about the case. The court ruled for tenant. She was a rent-stabilized tenant with rights independent of those of her husband. The case was dismissed, and the judgment and the eviction warrant were vacated.

Y&Y Realty, LLC v. Van Arken: NYLJ, p. 29, col. 3 (4/15/98) (Civ. Ct. Queens; Cavallo, J)