Landlord Can't Evict His Minor Son and Child's Mother

Landlord owned a co-op apartment. His girlfriend moved in with him in 2005, shortly before giving birth to their son. In March 2008, the girlfriend obtained an order of protection against landlord, requiring landlord to stay away from her and from the apartment. She also filed a support proceeding against landlord in family court. Landlord then sued to evict the girlfriend as a licensee after sending a 10-day notice to quit. The girlfriend asked the court to dismiss the case. She claimed that the apartment was her family home and that she wasn't a licensee or a tenant. The court ruled for the girlfriend and dismissed the case. The apartment was used as a family residence, and, in any event, landlord couldn't evict his minor son. In addition, the family court already had ruled that landlord must fulfill his support obligations to his family by maintaining them in the apartment. This overcame any right that landlord might have to oust the girlfriend from the apartment.

Griffith v. Reid: NYLJ, 12/11/08, p. 27, col.1 (Civ. Ct. Kings; Milin, J)