Trial Required on Ex-Wife's Right to Apartment

Landlord sued to evict tenant's wife after tenant moved out. Landlord claimed that wife never lived in apartment with tenant and moved in when tenant was moving out. Landlord claimed wife was a licensee. Wife claimed she'd lived in the apartment and had pass-on rights. She was married to tenant in 1987 and divorced from him in 1995. Landlord asked the court to rule in its favor without a trial. The court ruled against landlord. Landlord presented a sworn statement from tenant that wife never lived in the apartment with him. Landlord also produced 1993 rental application from wife for another apartment owned by landlord in which she stated she'd lived at another address for three years. But wife presented a sworn statement from a next door neighbor that she'd lived in the apartment during the period in question. So a trial was needed to determine the facts.

Stanford Realty Assoc., Inc. v. DeSouza: NYLJ, p. 28, col. 1 (5/21/97) (Civ. Ct. NY; Mills, J)