Trial Required

February 1, 1997

LVT Number: 11225

Landlord sued to evict occupant after rent-controlled tenant died. Occupant claimed that he had pass-on rights to the apartment. Landlord asked the court to decide the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Occupant lived in the one-bedroom apartment with tenant for 25 years. A trial was needed to decide factual questions as to whether occupant had a family-type relationship with tenant, which entitled him to pass-on rights to the apartment.

Landlord sued to evict occupant after rent-controlled tenant died. Occupant claimed that he had pass-on rights to the apartment. Landlord asked the court to decide the case without a trial. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Occupant lived in the one-bedroom apartment with tenant for 25 years. A trial was needed to decide factual questions as to whether occupant had a family-type relationship with tenant, which entitled him to pass-on rights to the apartment.

Weehawken Street Assocs. v. Kali: NYLJ, p. 27, col. 3 (1/23/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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