CASE MUST BE BROUGHT AGAINST ADMINISTRATOR OR EXECUTOR, AS REPRESENTATIVE
After an owner’s proceeding a tenant’s “estate” was dismissed by the New York County Civil Court, an appeal followed.
On its review, the Appellate Term, First Department, noted that because an “estate” is not a legal entity, a summary proceeding must be brought against the administrator or executor, in their representative capacity. And since no such representative had been appointed at the time of the nonpayment’s commencement, the AT1 agreed that the case had been appropriately dismissed.
While a prior version of the law permitted a nonpayment proceeding to be brought after three months from a tenant’s death, the statute’s amendment excluded the ability to bring such a claim against anyone other than the administrator or executor.
That sure killed that.
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DECISION