Caldwell v. Mitchell
| Decision Date | 24 January 1957 |
| Citation | 158 N.Y.S.2d 868 |
| Parties | Christine CALDWELL, Landlord, v. Ida MITCHELL, intruder and/or Squatter. |
| Court | New York City Municipal Court |
Hutson L. Lovell, New York City, for landlord.
J. Harry Pincus, Brooklyn, for intruder and/or squatter.
The landlord instituted this holdover proceeding against an occupant of certain premises on the ground that she is an intruder or squatter, or having had a license to occupy said premises such license had been revoked.
The testimony reveals that the occupant in question entered into possession of the premises with the consent of the landlord and owner. Her occupation, therefore, can not be said to be without legal authority nor to constitute an unlawful intrusion of the premises. See Williams v. Alt, 226 N.Y. 283, 290, 123 N.E. 499, 501. Hence the occupant cannot be classified either as a squatter or intruder.
However, Section 1411, subd. 8 of the Civil Practice Act, added by Laws in 1951, Ch. 273, in effect Sept. 1, 1951, authorized institution of summary proceedings against a licensee; said section provides as follows:
A licensee is one to whom an owner has granted a mere right of occupancy. Such license is revokable at the option of the licensor. Maffetone v. Micari, 205 Misc. 459, 127 N.Y.S.2d 756; cf. Hess v. Roberts, 124 App.Div. 328, 108 N.Y.S. 894; Kaypar Corp. v. Fosterport Rlty. Corp., 1 Misc.2d 469, 69 N.Y.S.2d 313, 317, affirmed 272 App.Div. 878, 72 N.Y.S.2d 405.
While I sympathize with the occupant of the premises in question, I am constrained to find from the evidence that said occupant was a licensee and that such license had been revoked as provided by statute.
Therefore, landlord is entitled to a final order against said occupant licensee and I direct that a final order be entered herein in accordance with my finding.
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