Judge Brenda Spears
Lopez sought to regain sole possession of the subject premises in this holdover proceeding. He claimed the subject apartment was provided to him because of his employment as the building superintendent and sought to evict former girlfriend, Reyes, on the grounds she was a licensee, and he terminated such license. Reyes moved for dismissal of the petition arguing her right to occupy the apartment was created by her familial relationship with Lopez. She noted the couple were involved in a committed relationship for 25 years and held themselves out to society as companions emotionally and financially committed to each other. Reyes alleged the court lacked jurisdiction as the nature of her relationship with Lopez brought his eviction attempt within the jurisdiction of Supreme Court or Family Court noting courts have held that a spouse could not be deemed a licensee as they did not occupy the marital home with the permission of the other spouse. The court agreed that as there was a familial relationship between the parties and Reyes’ occupancy of the apartment was due to that relationship, it lacked jurisdiction to determine the rights, if any, of Reyes to remain in the premises, dismissing the proceeding.
