Court Adopts Narrow Interpretation of Familial Exception to Summary Proceedings
In Persain v. Persane, the court had occasion to consider the often thorny issue of landlord-tenant law known as the "familial exception" to the maintenance of a summary proceeding against a family member. Before discussing the Persain decision, some background on the familial exception will help set the stage.
April 25, 2023 at 11:29 AM
8 minute read
Real Estate
Joshua Kopelowitz, left, and Michael Lieberman, right, of Fox Rothschild. Courtesy photo In a recent decision that promises to make Thanksgiving dinners a lot more awkward for many New York families, the New York City Civil Court, Queens County (Guthrie, J.) held that a landlord may bring a summary holdover proceeding against a tenant, even when that tenant happens to also be the landlord's sibling.
In Persain v. Persane, 77 Misc. 3d 992 (Civ. Ct., Queens Cnty. 2022), the court had occasion to consider the often thorny issue of landlord-tenant law known as the "familial exception" to the maintenance of a summary proceeding against a family member. Before discussing the Persain decision, some background on the familial exception will help set the stage.
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