Sayra Manzano, Respondent, v. Oscar Manzano, Appellant, "John Doe" and "Jane Doe," Undertenants. (2024)

ORDERED that the final judgment is affirmed, without costs.

Petitioner commenced this licensee proceeding (RPAPL 713 [7]) after serving a 10-day notice to quit. Following a nonjury trial, the District Court (Bronwyn Black-Kelly, J.) entered a final judgment on January 30, 2024 awarding petitioner possession.

Occupant argues on appeal that petitioner failed to prove her allegations of objectionable conduct. However, as this is a licensee summary proceeding, it is not predicated on objectionable conduct and, thus, to prevail, petitioner was not required to prove occupant's objectionable conduct (see RPAPL 713 [7]; cf. Skaneateles Country Club v Cambs, 40 NY3d 1026 [2023] [a license is generally revocable at will]).

Occupant's remaining contention lacks merit.

Accordingly, the final judgment is affirmed.

DRISCOLL, J.P., GARGUILO and CONWAY, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: December 12, 2024