| Manzano v Manzano |
| 2024 NY Slip Op 51819(U) [84 Misc 3d 135(A)] |
| Decided on December 12, 2024 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
John F. Clennan, for appellant. Law Office of Bradley D. Schnur, Esq., P.C. (Bradley D. Schnur of counsel), for respondent (no brief filed).
Appeal from a final judgment of the District Court of Suffolk County, Third District (Bronwyn Black-Kelly, J.), entered January 30, 2024. The final judgment, after a nonjury trial, awarded petitioner possession in a licensee summary proceeding.
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: