Trial Needed to Decide Brother's Succession Claim

Landlord sued to evict rent-stabilized tenant's brother after tenant died. The brother claimed succession rights. Landlord asked the court to rule in its favor without trial. Landlord claimed that the brother forged tenant's signature on renewal leases after tenant died. The court ruled for landlord. The brother appealed, and the case was reopened. While there were serious and troubling issues concerning the forgery of tenant's signature on renewal leases after her death, the brother denied that he forged the signature or knew who did so. This raised questions of credibility that couldn't be decided in a summary judgment motion. A trial was needed to decide the facts, including whether the brother lived in the apartment with tenant for the required period immediately before her death and whether the forged renewal leases caused prejudice to landlord.

Park Tower South Company, LLC v. Mandal: 63 Misc.3d 134(A), 2019 NY Slip Op 50471(U) (App. T. 1 Dept.; 4/5/19; Shulman, PJ, Ling-Cohan, Edmead, JJ)