Was Executrix of Tenant's Estate Accepted as Tenant?

March 1, 1999

LVT Number: 13048

Landlord sued to evict the executrix of tenant's estate some time after tenant died. The executrix claimed she had lived in the apartment for four years and that landlord had given up his right to object to her tenancy. The court ruled for the executrix and dismissed the case without a trial. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord had started a prior eviction case against the executrix shortly after tenant died.

Landlord sued to evict the executrix of tenant's estate some time after tenant died. The executrix claimed she had lived in the apartment for four years and that landlord had given up his right to object to her tenancy. The court ruled for the executrix and dismissed the case without a trial. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord had started a prior eviction case against the executrix shortly after tenant died. But landlord didn't pursue the case because there was a large rent overcharge award due to tenant's estate, which landlord decided to offset against the monthly rent for the next four years. A trial was needed to determine whether landlord in fact ever accepted the executrix as tenant.

IG Second Generation Partners, LP v. Jordan: NYLJ, p. 26, col. 1 (2/9/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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