Judge Eric Bjorneby
Anjili Kakwani sought to evict her sister-in-law, Nisha Kakwani, under Real Property Actions and Proceedings Law §713(7), from the subject premises arguing Nisha was a licensee whose license to reside there was revoked. Nisha argued she was a "family member" who could not be evicted in a summary proceeding from her marital residence. Nisha came to the United States for an arranged marriage with Anjili's brother, Amit, and the couple began residing in the premises in 2008. Amit moved out of the couple's bedroom, and into a different room in the house in late 2012 or early 2013. The court noted the law appeared clear that not only spouses, but other immediate family members could not be evicted from a family home as mere licensees pursuant to a summary proceeding. It stated a petitioner who sought to oust a family member must proceed with the less abrupt vehicle of an ejection action in the Supreme Court. The court ruled Nisha's right to reside in the premises arose not merely from Anjili's consent, but from Nisha's marriage into the family. Thus, it stated a family member may not be summarily evicted from a family home with a 10 day notice to quit, and dismissed the petition.
