Trial Needed on Whether Tenant's Son Has Pass-On Rights

Landlord sued to evict apartment occupant, claiming that he was a licensee whose license expired upon rent-stabilized tenant's death. Occupant claimed that he was tenant's son and had succession rights. Landlord claimed that there was no question of fact and asked the court to decide the case without a trial. The court did so and ruled for landlord. The court denied occupant's request to reconsider. Occupant appealed, and the case was reopened. With his reconsideration request, occupant didn't submit to the court the customary documentation of continuous residence at the apartment during the relevant time period. But he did submit sworn statements from three witnesses who stated that occupant occupied the apartment with his mother for two years before she died. There was some question therefore as to whether occupant had succession rights, and he should be allowed to present proof at trial.

W. C. Chester Westowner, LLC v. Mittleman: NYLJ, 11/17/09, p. 39, col. 1 (App. T. 2 Dept.; Nicolai, PJ, Tanenbaum, Molia, JJ)