Rappaport Hertz Cherson & Rosenthal P.C.

A wife’s right to reside in what has been her marital residence for four years, and whose right to do so stemmed not merely from the home-owner’s  permission, but from a true family relationship, cannot be summarily evicted as a mere licensee.  Such was the holding of Nassau County District Court Judge Eric Bjorneby in his June 20, 2013 decision in Kakwani v. Kakwani.

Ms. Anjili Kakwani (the “petitioner”), her brother (Amit Kakwani [the “husband”]) and their parents moved into a one family residence in Carle Place in 2004. The petitioner’s mother, as trustee of a family trust, conveyed the home to the petitioner on December 8, 2006.

In March, 2008 Amit Kakwani traveled to India where, for the first time, he met his arranged bride-to-be, the respondent Nisha Kakwani (the “wife”). In September, 2008, the petitioner and Amit traveled to India where the petitioner met her future sister-in-law for the first time. In November, 2008 the respondent moved by herself to the United States and into the Kakwani family home. On December 22, 2008 respondent and Amit Kakwani were married.

Amit and Nisha resided in the master bedroom of the family home, as husband and wife, until sometime in 2012 or early 2013 when Amit moved out of the master bedroom and into another room in the house.

In September, 2013, the petitioner had respondent served with a 10-Day Notice to Quit.

The petitioner brought this summary proceeding pursuant to RPAPL §713(7) to evict the respondent (the petitioner’s sister-in-law) on the ground that respondent was a licensee whose license to reside at the premises had been revoked. (The husband, Amit, was not named as a respondent in this proceeding, nor had rent ever been sought from or paid by Amit [or by his wife, for that matter].)

The wife sought dismissal of the proceeding, claiming that she is a family member not subject to eviction in a summary proceeding brought pursuant to RPAPL §713(7).

Continue Reading Summary Proceedings Are Not Available to Evict Wife (Sister-in-Law of Owner)