Case Type
Holdover-Licensee
Housing Type
Not specified
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
323367-23/BX
Petitioner
Lucy Virga
Respondent
David Virga, Jana Miller
Judge
Diane E. Lutwak
Decision/Order Date
2024-02-13
Posture
Post-answer Motion by Tenant
Disposition
Motion Denied for Tenant, Motion Granted to File Answer
Winner
Landlord Substantially Won
Synopsis
Landlord brought a licensee eviction proceeding against her son and his girlfriend, claiming they were no longer welcome after she transferred ownership of the property while retaining a life estate. Tenant argued a "family exception" barred the eviction and sought to dismiss the case. The court rejected this argument, finding no such exception for adult children and that the landlord, as a life estate holder, had the right to exclude occupants. The court denied the tenant's motion to dismiss but allowed them to file an answer raising defenses.
Recommended Citation
"Virgav. Virga" (2024). All Decisions. 1364.
https://ir.lawnet.fordham.edu/housing_court_all/1364
