Trial Required on Whether Wife Lives with Tenant

July 31, 2001

LVT Number: 15156

Landlord sued to evict rent-stabilized tenant's wife after tenant died. Landlord claimed that the wife didn't live with tenant. Tenant's wife claimed that she had lived with tenant and was entitled to pass-on rights. She asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. Tenant's wife hadn't submitted sufficient documentary proof to warrant a finding without a trial.

Landlord sued to evict rent-stabilized tenant's wife after tenant died. Landlord claimed that the wife didn't live with tenant. Tenant's wife claimed that she had lived with tenant and was entitled to pass-on rights. She asked the court to dismiss the case without a trial. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. Tenant's wife hadn't submitted sufficient documentary proof to warrant a finding without a trial. Tenant's wife submitted a sworn statement that she lived in the apartment, but the building super stated that she didn't. A trial was needed to determine the facts.

Goldman v. Green: NYLJ, 7/5/01, p. 18, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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