Trial Needed to Determine if Subtenant Had Succession Rights

Landlord sued to evict rent-stabilized tenant Cogle for unauthorized subletting. One of the apartment occupants, Thornhill, claimed that she had succession rights from a prior rent-stabilized tenant, Jackson. Landlord argued that Thornhill couldn't claim succession rights because of a decision in a prior eviction case. Landlord had sued to evict Cogle and Thornhill in 2009 after Jackson died. Landlord settled that case by giving Cogle a rent-stabilized lease. Both Cogle and Thornhill signed the settlement agreement in the prior case. But there was no judgment entered in the prior case and no ruling on any questions of fact. So there was no prior court ruling that prevented Thornhill from now claiming succession rights from Jackson. Thornhill also could claim succession rights from Cogle. A trial was needed to determine the facts.

1872 Monroe Avenue Associates v. Cogle: 40 Misc.3d 1208(A), 2013 NY Slip Op 51076(U) (Civ. Ct. Bronx; 7/3/13; Lehrer, J)