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Drost v. Hookey

25 Misc. 3d 210, 881 N.Y.S.2d 839 (2009)

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Drost v. Hookey

New York District Court

25 Misc. 3d 210, 881 N.Y.S.2d 839 (2009)

Facts

Robert Drost (plaintiff) invited his girlfriend, Kim Hookey (defendant), to move in with him at his residence on Louisa Court in New York. Drost and Hookey lived at the residence for over three years. Thereafter, the couple had a falling out and Drost vacated the residence. Drost then filed a petition to evict Hookey from the home pursuant to section 713(7) of the New York Real Property Actions and Proceedings Law (RPAPL). The central issue was whether Hookey could be characterized as a “licensee,” which would have provided 10-days’ notice to vacate or as a “tenant at will,” which would have provided for 30-days’ notice to vacate the residence.

Rule of Law

Issue

Holding and Reasoning (Hackeling, J.)

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