Trial Required on Occupant's Pass-On Claim

July 31, 2002

LVT Number: 16002

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After landlord presented its case at trial, tenant asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Tenant admitted that she hadn't lived in the apartment since 1994. Another apartment occupant claimed that he was tenant, but he wasn't named on renewal leases. A trial was needed to determine if occupant had pass-on rights.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. After landlord presented its case at trial, tenant asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and sent the case back for a new trial. Tenant admitted that she hadn't lived in the apartment since 1994. Another apartment occupant claimed that he was tenant, but he wasn't named on renewal leases. A trial was needed to determine if occupant had pass-on rights.

500 West End LLC v. Siebert: NYLJ, 7/15/02, p. 19, col. 5 (App. T.1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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