Black's Law Dictionary (9th ed 2009) defines a licensee as "[o]ne who has the owner's permission or passive consent to enter the owner's premises for one's own convenience, curiosity, or entertainment." It cannot be disputed that a true family relationship, which includes a shared home, involves a far deeper and more permanent commitment than one based upon mere "convenience, curiosity, or convenience."
A year after Rosenstiel, the Westchester County Court decided Matter of Brennecke v Smith (42 Misc 2d 935 [1964]). In that{**40 Misc 3d at 631} case, respondent purchased what became the marital residence. At some point he deeded the home to his wife and they continued to reside there together with their four children. Thereafter, the wife left the marital residence and, [*4]as a result of financial difficulties, she in turn deeded the home to a friend, the petitioner therein, who brought the summary proceeding to evict the respondent as a licensee. The court held that respondent could not be reduced to the status of a licensee simply because the respondent's wife vacated the marital residence, and denied the petition even though the respondent was not actually a member of the petitioner's family.