Drost v. Hookey

881 N.Y.S.2d 839 (2009)

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Nature of the Case

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Facts

P is the sole deeded title holder of the real property. P resided at that property with his ex-girlfriend, D, for in excess of three years. D had owned her own home prior to the move. D transferred a one-half interest in her house to P in consideration of $25,000 which was utilized to cure her mortgage arrears. P wanted D gone from the house so he proceeded under section 713 (7) of the RPAPL which provides that he may dispossess a licensee after giving a 10-day notice to quit. D counters that the 10-day notice to quit is inapplicable as she is not a licensee, but rather a tenant at will, requiring a 30-day notice to quit.