Opinion
No. 2013–2585KC.
10-23-2015
JLNT REALTY, LLC, Appellant, v. Pierre Andre LIAUTAUD, Tenant, and Jim St. Germain, Nonparty–Respondent.
Opinion
ORDERED that the order is reversed, without costs, and the motion by occupant Jim St. Germain to be restored to possession is denied.
Landlord commenced this nonpayment proceeding against the tenant of record, Pierre Andre Liautaud. After landlord obtained a final judgment of possession and warrant of eviction against tenant, the warrant was executed against, insofar as is relevant to this appeal, Jim St. Germain (occupant) and his father. Occupant moved to be restored to possession, and the Civil Court granted his motion, finding that due process required that occupant be named in the proceeding in order for the warrant to have been effective against him (see 170 W. 85th St. Tenants Assn. v. Cruz, 173 A.D.2d 338, 339–340 1991 ).
Contrary to the Civil Court's determination, occupant is a member of tenant's family who, under the circumstances presented, was properly evicted under the warrant of eviction (see Loira v. Anagnastopolous, 204 A.D.2d 608 1994; Kuprewicz v. Muktadir, 2002 N.Y. Slip Op 40527[U] App Term, 2d & 11th Jud Dists 2002; 2 Robert F. Dolan, Rasch's Landlord and Tenant—Summary Proceedings § 38:31 at 596–597 4th ed 1998 ). Furthermore, occupant has not proffered any proof in support of his allegation that he was entitled to succession rights to the subject rent-stabilized apartment after the death of the former tenant.
Accordingly, the order is reversed and occupant's motion to be restored to possession is denied.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.