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It is difficult to understand what drove Warren Estis and Jeffrey Turkel to write "Succession Rights: Attack of the Zombie Tenants," and the Law Journal to publish this mean-spirited, scurrilous and misleading diatribe. For more than 20 years, I have reviewed all reported and many unreported tenancy succession cases. I publish an annual update and have written a number of law review articles analyzing and critiquing these cases. Thousands of families have been protected from eviction, which is the public policy underlying the enactment of the succession regulations and statute, and their expansion in Braschi v. Stahl Assocs., 74 N.Y.2d 201 (1989). To suggest that these families can be accurately, or indeed humanely, described as "zombies" or "opportunistic" is outrageous. Even in the vast majority of cases in which respondents have not prevailed (a number of which were, I believe, wrongly decided), they raised legitimate, colorable claims.

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