Field v. Pinto

Synopsis

In this licensee holdover under RPAPL § 713, court denies respondents' motion to dismiss and grants petitioner's cross-motion for summary judgment. Respondents found to be licensees, not tenants, because they lacked exclusive control and possession of a defined space — they slept in a curtained-off portion of the living room/kitchen. Rent payments alone did not create a tenancy where none was contemplated.