Wife and Son Didn't Live with Tenant Before He Moved

April 30, 1994

LVT Number: 8752

Landlord sued to evict rent-controlled tenant's wife and son after tenant moved out of the apartment. The trial court ruled for landlord, and family members appealed. The appeals court again ruled for landlord. Neither wife nor son, both of whom were senior citizens, showed that they'd lived in tenant's apartment as their primary residence during the year before tenant moved out. There was proof that they lived elsewhere.

Landlord sued to evict rent-controlled tenant's wife and son after tenant moved out of the apartment. The trial court ruled for landlord, and family members appealed. The appeals court again ruled for landlord. Neither wife nor son, both of whom were senior citizens, showed that they'd lived in tenant's apartment as their primary residence during the year before tenant moved out. There was proof that they lived elsewhere.

93-403 St. Nicholas Corp. v. Tennyson: NYLJ, p. 27, col. 4 (4/28/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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