Property Keyed to Saxer
Drost v. Hookey
Robert Drost (Plaintiff) invited his girlfriend, Kim Hookey (Defendant), to move in with him at his residence on Louisa Court in New York. Plaintiff and Defendant lived at the residence for over three years. Thereafter, the couple had a falling out and Plaintiff vacated the residence. Plaintiff then filed a petition to evict Defendant from the home pursuant to section 713(7) of the New York Real Property Actions and Proceedings Law (RPAPL). The central issue was whether Defendant 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 thiry-days’ notice to vacate the residence.
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