Ford v. Ford

The landlord, as trustee, commenced a holdover proceeding to evict the tenant from a cooperative apartment, alleging she was a licensee. After a trial, the court granted the tenant's oral motion for judgment as a matter of law and dismissed the petition. The court found that the tenant, who had been in exclusive possession since 1986, was a tenant at will entitled to a 30-day notice under RPL 228, which the landlord failed to serve. The court also ruled that judicial estoppel did not apply, as the prior related proceeding was voluntarily discontinued without a judgment.