354 E. 66th St. Realty Corp. v. Curry

In 354 E. 66th St. Realty Corp. v. Curry, 26 Misc 3d 130[A], 2010 NY Slip Op 50025[U] [App Term, 1st Dept 2010] the tenant entered a nursing home and her son waited fifteen months before notifying the landlord. But in light of the son's evidence that he had continuously resided in the apartment for twelve years and in the absence of any prejudice to the landlord due to the delay, the son was awarded succession rights. Curry is especially notable because the Appellate Term found the absence of prejudice on summary judgment.