Two-Family House Owner Can't Evict Brother as Licensee
LVT Number: #29709
The owner of a two-family house sued to evict her brother from a garage studio apartment at the building. The owner claimed that the brother was a licensee. He had lived in the house since his teenage years, except for a period of military service, and the owner built the studio apartment for him. The court granted the brother's request to dismiss the case. Whether they were biological or adoptive siblings, the parties were family members, and the brother couldn't be characterized as a licensee subject to eviction under Real Property Actions and Proceedings Law Section 713(7).
Morris v. Morris: Index No. 72014/2016, NYLJ No. 1535835421 (Civ. Ct. Bronx; 8/8/18; Weissman, J)