1250 Broadway, 27th Floor New York, NY 10001

WHAT'S THE DISCH ON ESTATES?

Thomas Disch was living in a rent-stabilized apartment with Charles Naylor, who died just a few months before the lease expired.

Despite the landlord's refusal to renew, Disch stayed in posession of the space and sought dismissal of a holdover proceeding filed against him based on the owner's purported failure to properly serve a non-renewal notice and to join Naylor's estate as a "necessary party" to the case.

After the New York County Civil Court granted Disch's request, the Appellate Term, First Department, reversed.

Because the lease had expired, the landlord was under no obligation to join Naylor's estate as to a party to the holdover proceeding. As the AT1 put it, "any possessory claim of the estate lapsed upon the termination of the decedent's lease."

That's the Disch!

To download a copy of the Appellate Term's decision, please use this link: Ellis v. Disch

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