Trial Needed to Determine Pass-on Rights
LVT Number: #19954
Landlord sued to evict rent-stabilized tenant's family member after tenant was no longer in the apartment. The family member claimed pass-on rights and asked the court to dismiss the case without a trial. The court ruled against the family member. The family member appealed and lost. Landlord and tenant's family member presented conflicting evidence in support of their claims. A trial was needed to decide which side was believable.
105-115 Bennett Realty Co. LLC v. Piney: NYLJ, 10/10/07, pg. 34, col. 1 (App. T. 1 Dept.; McCooe, PJ, Schoenfeld, Heitler, JJ)