Trial Required on Brother's Claim

Facts: Landlord sued to evict rent-stabilized tenant's brother after tenant died in 1996. Tenant's brother claimed that he'd moved in with tenant in 1993 to care for tenant, who had cancer. Tenant's brother claimed that he should have pass-on rights. Tenant's brother asked the court to decide the case without a trial. Court: Tenant's brother loses. Tenant's brother had submitted sworn statements from tenant and six other people who were familiar with tenant's medical condition and his living situation. They all stated that tenant's brother had lived with him for three years. Tenant also left his brother all his property in his will. But landlord's building superintendent submitted a sworn statement that the brother didn't move in until shortly before tenant died and that, when he made repairs, he saw that only tenant lived in the apartment. Tenant's brother also didn't submit any documentary proof of primary residence, such as a driver's license, tax records, bank statements, utility bills, credit card bills, or voter registration card. A trial was needed to determine the facts.

Ragone v. Graff: NYLJ, p. 26, col. 4 (9/17/97) (Civ. Ct. NY; Shulman, J)