Westway Plaza Associates v. Doe

31 Citing cases

  1. Gilkes v. Blair

    2022 N.Y. Slip Op. 51025 (N.Y. Civ. Ct. 2022)

    Rather, it becomes property of the tenant of record's estate. (see Westway Plaza Associates v Doe, 179 A.D.2d 408, 409, 578 N.Y.S.2d 166 [1st Dept 1992]).

  2. Bd. of Directors for Kings Oak Terrace Coop. Apartments v. Bersh

    2024 N.Y. Slip Op. 51039 (N.Y. Civ. Ct. 2024)

    Upon a tenant's death, the unexpired lease does not terminate but instead becomes the personal property of the tenant's estate. (De Christoforo v Shore Ridge Assoc., 116 A.D.2d 123, 126 [2d Dept 1986]; Westway Plaza Assoc. v Doe, 179 A.D.2d 408 [1st Dept 1992]; Joint Properties Owners, Inc. v Deri, 113 A.D.2d 691 [1st Dept 1986].) The estate retains particular rights and obligations for the remaining term of the lease, including payment of rent, De Christoforo, 116 A.D.2d at 126, quoting Schnee v Jonas Equities, Inc., 109 Misc.2d 221 (App Term, 2d Dept, 2d & 11th Jud Dists 1981); Deri, 113 A.D.2d at 693, and to bring a licensee proceeding, 100 W. 72nd St. Assoc. v Murphy, 144 Misc.2d 1036 (Civ Ct, NY County 1989); 1682-1700 Sterling Place Hous. Dev. Fund Corp. v Stewart, 2006 WL 6872287 (Civ Ct, Kings County 2006).

  3. Haladan Mgmt. Co. v. Estate of Davies

    2015 N.Y. Slip Op. 51283 (N.Y. Civ. Ct. 2015)   Cited 1 times

    Rather, it becomes the property of the tenant's estate. Westway Plaza Associates v. Doe, 179 AD2d 408, (1st Dept 1992), Remford Corp. v. Rosenfeld, 274 AD2d 769 (1st Dept 1948). The instant proceeding was brought prior to the expiration of the lease of Elizabeth Ann Davies.

  4. Haladan Mgmt. Co. v. Estate of Davies

    22 N.Y.S.3d 137 (N.Y. Civ. Ct. 2015)

    Rather, it becomes the property of the tenant's estate. Westway Plaza Associates v. Doe, 179 A.D.2d 408, (1st Dept 1992), Remford Corp. v. Rosenfeld, 274 A.D.2d 769 (1st Dept 1948). The instant proceeding was brought prior to the expiration of the lease of Elizabeth Ann Davies.

  5. Stanford Realty v. Rollins

    161 Misc. 2d 754 (N.Y. Civ. Ct. 1994)   Cited 25 times
    In Stanford Realty Assoc v. Rollins (161 Misc.2d 754 [Civ Ct N.Y. Co 1994), a holdover petition based upon non-primary residence was dismissed for failure to serve predicate notices on the tenant's wife, whom the court determined had independent possessory rights and thus was a necessary party.

    Although CPLR 1001 would appear to apply to summary eviction proceedings (see, City of New York v Parker, NYLJ, Apr. 4, 1994, at 27, col 4, supra), the appellate courts have repeatedly held, without first undertaking a CPLR 1001 analysis, that dismissal of the petition is mandated where a person found to be a necessary party has not been named in or served with the petition. (E.g., Westway Plaza Assocs. v Doe, 179 A.D.2d 408 [1st Dept 1992]; 508 W. 172nd St. Corp. v Infante, NYLJ, June 15, 1990, at 21, col 2, supra; Stahl Assocs. Co. v Goodstadt, NYLJ, Jan. 13, 1984, at 6, col 2 [App Term, 1st Dept].) While Westway (supra) does not specifically address the requirements of CPLR 1001, its reasoning is instructive as to why dismissal of a summary eviction proceeding will often be required where a necessary party has not been joined.

  6. 200 Claremont Ave. Hous. Dev. Fund Corp. v. Lewis

    83 Misc. 3d 9 (N.Y. App. Term 2024)

    The Housing Stability and Tenant Protection Act of 2019 (HSTPA) (L 2019, ch. 36), amended RPAPL 711(2) to provide, inter alia, that where a tenant dies during the term of the lease, a nonpayment proceeding may be commenced naming the occupants of the apartment "seeking a possessory judgment only as against the estate." However, "[a]n estate is not a legal entity and any action for or against the estate must be by or against the executor or administrator in his or her representative capacity" (Grosso v. Estate of Gershenson, 33 A.D.3d 587, 822 N.Y.S.2d 150 [2006] [quotation marks and citation omit- ted]; see Extell Belnord LLC v. Uppman, 113 A.D.3d. 1, 12, 976 N.Y.S.2d 22 [2013]; Westway Plaza Assoc, v. Doe, 179 A.D.2d 408, 578 N.Y.S.2d 166 [1992]). Here, it is undisputed that no executor or public administrator has been appointed for the deceased tenant’s estate.

  7. 200 Claremont Ave. Hous. Dev. Fund Corp. v. Estate of Elsie Lewis

    2024 N.Y. Slip Op. 24051 (N.Y. App. Term 2024)

    to provide, inter alia, that where a tenant dies during the term of the lease, a nonpayment proceeding may be commenced naming the occupants of the apartment "seeking a possessory judgment only as against the estate." However, "[a]n estate is not a legal entity and any action for or against the estate must be by or against the executor or administrator in his or her representative capacity" (Grosso v Estate of Gershenson, 33 A.D.3d 587 [2006][quotation marks and citation omitted]; see Extell Belnord LLC v Uppman, 113 A.D.3d 1, 12 [2013]; Westway Plaza Assoc. v Doe, 179 A.D.2d 408 [1992]). Here, it is undisputed that no executor or public administrator has been appointed for the deceased tenant's estate.

  8. 229 W. 109 St. Realty Corp. v. Ichida

    67 Misc. 3d 137 (N.Y. App. Term 2020)   Cited 1 times

    Thus, upon the death of Kochi Ichida, his interest did not pass to his estate, rather, it passed automatically to his wife, respondent-tenant Seiko Ichida (seePHH Mtge. Corp. v. Burt , 176 AD3d 1242, 1244 [2019] ). Therefore, the estate of the deceased tenant is not a necessary party (seePHH Mtge. Corp. v Burt , 176 AD3d at 1244 ; cf.Joint Props. Owners v. Deri , 113 AD2d 691, 693-694 [1986] ; Westway Plaza Assoc. v. Doe , 179 AD2d 408 [1992] ). Accordingly, respondents' cross motion to dismiss for failure to join the deceased tenant's estate should have been denied and petitioner's motion to amend should have been granted.

  9. Extell Belnord LLC v. Uppman

    113 A.D.3d 1 (N.Y. App. Div. 2013)   Cited 21 times

    Vincent argues that, because it is undisputed that Uppman has not lived in the apartment for years, plaintiff's claim for judgment declaring that Uppman does not reside in the apartment is moot. However, in the context of a proceeding brought by a landlord seeking to terminate the rights of all existing tenants or licensees, this Court has held that even the death of the tenant of record does not obviate the need to join a representative of the tenant's estate as a necessary party ( see Westway Plaza Assoc. v. Doe, 179 A.D.2d 408, 578 N.Y.S.2d 166 [1st Dept. 1992] ). Plaintiff seeks the termination of Uppman's lease on the ground that she breached the lease by failing to maintain the apartment as her primary residence.

  10. Marine Terrace v. Kesoglides

    24 Misc. 3d 35 (N.Y. App. Term 2009)   Cited 1 times

    We reverse. As a general rule, absent a provision in a lease to the effect that the lease terminates upon the death of the tenant, a "lease for a term of years which has not expired is not terminated by the death of the lessee" ( 100 W. 72nd St. Assoc. v Murphy, 144 Misc 2d 1036, 1038-1039 [Civ Ct, NY County 1989]; see Westway Plaza Assoc. v Doe, 179 AD2d 408; Joint Props. Owners v Deri, 113 AD2d 691). The tenant's Section 8 lease contained no provision to the effect that it would terminate upon the death of the tenant.