Occupant Not Squatter

May 31, 1998

LVT Number: 12357

Landlord sued to evict an apartment occupant after sending a 10-day notice to quit that claimed the occupant was a squatter. The court ruled for landlord, and the occupant appealed, claiming that he'd moved into the apartment with permission of tenant, who was his brother. The appeals court ruled for the occupant and dismissed the case. The occupant was a licensee since he'd entered the apartment with the permission of someone who was entitled to occupy the unit. So landlord's court papers, which described the occupant as a squatter, were defective.

Landlord sued to evict an apartment occupant after sending a 10-day notice to quit that claimed the occupant was a squatter. The court ruled for landlord, and the occupant appealed, claiming that he'd moved into the apartment with permission of tenant, who was his brother. The appeals court ruled for the occupant and dismissed the case. The occupant was a licensee since he'd entered the apartment with the permission of someone who was entitled to occupy the unit. So landlord's court papers, which described the occupant as a squatter, were defective.

Bathija v. Chaudhry: NYLJ, p. 31, col. 5 (5/6/98) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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