Legal Opinion

100 West 72nd Street Associates v. Murphy

Civil Court of the City of New York

Decided September 11, 1989PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

Peter Tom, J.

The instant motion raises an interesting issue involving the situation where a tenant dies intestate with no personal representative appointed on behalf of the estate and the deceased tenant is a necessary party in the summary proceeding.

This situation has been a recurring problem in the Housing Court which this court shall address since research on this issue discloses no case precedent on point.

The petitioner landlord brings this summary eviction proceeding against the brother of the deceased tenant upon the *1038allegation that the decedent’s brother took…

2Cases cited5 opinions

  1. Todd v. KrolickAppellate Division of the Supreme Court of the State of New York · 1983
  2. Joint Properties Owners, Inc. v. DeriAppellate Division of the Supreme Court of the State of New York · 1986
  3. Remford Corp. v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1948
  4. Young v. CarruthAppellate Division of the Supreme Court of the State of New York · 1982
  5. Putch v. Jacard Realty Co.New York Supreme Court · 1964

3Cited by16 opinions

  1. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  2. 170 West 85th Street Tenants Ass'n v. CruzAppellate Division of the Supreme Court of the State of New York · 1991
  3. Laurenti v. TeatomAppellate Division of the Supreme Court of the State of New York · 1994
  4. Boatright v. DerrSupreme Court of Colorado · 1996
  5. Architectural Body Research Found. v. Reversible Destiny Found.District Court, S.D. Illinois · 2018

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