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Decisions of Interest

BY ALM Staff
September 01, 2003

Court Won't Evict Longtime Live-in Girlfriend

Petitioner brought this licensee-holdover proceeding to recover possession of his Staten Island home on the grounds that he had revoked his girlfriend's license to occupy the premises, but the court dismissed the action, holding that although the couple were never married, their relationship was tantamount to a family relationship such that their dispute should be heard in Family Court. DeJesus v. Rodriguez, 2003 N.Y. Misc. LEXIS 1053, (Civ. Ct. of the City of New York, Richmond Cty., 8/7/03) (Birnbaum, J.).

Petitioner and respondent lived together for 10 years and are the parents of two children, ages 5 and 8. Petitioner's name is the only one on the deed to the home because, respondent asserted, her credit history at the time the home was purchased would have hindered the sale. Nevertheless, she claimed to have contributed to the down payment and to the mortgage payments. In January 2003, the parties had a violent argument, after which petitioner vacated the home. Later, respondent obtained a permanent order of protection forbidding petitioner to come near her except to visit with his children. A child support proceeding is currently pending in Family Court.

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