Judge Kimon Thermos

Respondent moved to dismiss petitioner's petition, seeking possession of a rent-stabilized apartment from respondent who remained in possession after his brother, the tenant of record, died. Petitioner sought to terminate the lease, arguing that respondent did not have an independent right of possession. Petitioner further alleged that respondent entered the premises without petitioner's consent and that respondent resided elsewhere. In support of his motion, respondent argued that petitioner failed to state a cause of action because its notice of termination was defective on its face as the lease had not yet expired. Respondent argued his brother's lease became an asset of his estate and thus, as voluntary administrator respondent had right of possession until expiration of the lease. Respondent further alleged he had resided in the apartment since the lease's inception–entitling him to succession rights as a remaining family member. The court agreed that the notice of termination was defective because the record tenant's death was not a basis to terminate, as the lease passed to the tenant's estate as an asset. Accordingly, the court dismissed the petition.