Elizabeth O'Shea and her son appealed a Richmond County Civil Court decision which awarded possession of an apartment to her ex-husband, Frank Cudar.
Frank was the unit's original rent-controlled tenant. Elizabeth moved in after the couple married and together they lived for some 35 years -- until a criminal court later directed that Frank steer clear of Elizabeth.
Interestingly, within the context of their divorce case, no one was awarded exclusive possession of the apartment or its contents.
Having come into the unit as Frank's spouse, Elizabeth was found to be entitled to "possession, use and occupancy of the premises."
According to the Appellate Term, Second Department, that meant Elizabeth became a rent-controlled tenant in her own right and had an equal entitlement to possession despite the couple's divorce.
Since Frank wasn't able to use a summary proceeding to get her out of the unit, the AT2 dismissed the case.
Elizabeth sure knocked that one out of the park!
To view a copy of the Appellate Term's decision, please use this link: Cudar v. O'Shea