New York Law Journal: Realty Law Digest

February 25, 2015

In his weekly Realty Law Digest column (subscription required), Scott Mollen analyzes two notable cases. In Matter of Mary Veronica Santiago-Monteverde, the New York Court of Appeals held that a bankruptcy debtor’s interest in her rent stabilized lease is “exempt from her bankruptcy estate pursuant to NYS debtor and credit law [DCL] Section 282(2) as a ‘local public assistance benefit.’” In 56 7th Avenue, LLC v. Sobel, the court dismissed a landlord’s summary holdover proceeding based on alleged non-primary residence, citing that the tenant’s absence relating to psychiatric problems was excusable being that a tenant had made several trips to a California hotel to transition back to independent living.