In the 1963 decision of the Appellate Division, First Department Rosenstiel v. Rosenstiel, 20 A.D.2d 71 (1st Dept. 1963), the court first set forth what has since become known as the “familial exception” to the maintenance of a summary proceeding pursuant to Section 713(7) of the Real Property Actions and Proceedings Law (RPAPL). That section permits the maintenance of a summary proceeding against persons who are in occupancy of real property pursuant to a license which has been revoked.
In Rosenstiel, the First Department held that in the context of a husband and wife, because of “special rights incidental to the marriage contract and relationship, the wife was not a “licensee” of her husband and therefore the husband could not bring a summary licensee holdover proceeding to evict her.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
