MORGAN v. HELMER


106 A.D.2d 884 (1984)

Kevin B. Morgan et al., Respondents, v. Ervin Helmer, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 14, 1984


Order unanimously affirmed, without costs.

Memorandum:

Plaintiffs, as remaindermen, may maintain their action for waste against defendant, not as an assignee, but as a tenant for life under the statute (RPAPL 801). "A tenant for life, of estates, is one to whom lands or tenements are granted or devised, or to which he derives title by operation of law, for the term of his own life or the life of another" (Matter of Hyde, 41 Hun 72, 75). Helmer acquired...

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