"That said, the parties do not dispute a key, determinative fact: that Azlan is their minor son. Landry may not evict his son, because a party may not evict a family member in an RPAPL 713 (7) summary licensee holdover proceeding. (See e.g. Rosenstiel v Rosenstiel, 20 AD2d 71 [1st Dept 1963] [spouse]; Sears v Okin, 2007 NY Slip Op 51510[U] [App Term, 2d Dept, 9th & 10th Jud Dists, July 26, 2007] [minor children]; Sears v Okin, 2004 NY Slip Op 51691[U] [App Term, 2d Dept, 9th & 10th Jud Dists, Dec. 23, 2004] [minor children]; Williams v Williams, 13 Misc 3d 395 [Hous Part, Civ Ct, NY County, 2006] [adult grandchildren]; Sirota v Sirota, 164 Misc 2d 966 [Hous Part, Civ Ct, Kings County 1995] [adult children], modified on other grounds 168 Misc 2d 123 [App Term, 2d Dept, 2d & 11th Jud Dists, 1996].)" (Id. at *2.)
As for the analysis regarding the existence of a "family relationship" the 2009 case of Lally v Fasano (23 Misc 3d 938 [2009]) is illustrative. In that case, the respondent lived with her husband in a "beach cottage" which was located on her father-in-law's property and which was owned by her father-in-law. Six years after the marriage, her husband left the [*7]marital residence and the petitioner father-in-law commenced the summary licensee proceeding with a 10-day notice to quit. In finding that respondent was a licensee and was not entitled to the protection provided by a "family relationship," and granting summary judgment to the petitioner, the court noted that the petitioner and respondent never lived together in the same home as a family unit and that the respondent was neither socially nor financially dependent upon the petitioner.