Neil C. Dwork

• Randolph Jones Living Trust v. Eric Jones: We successfully represented our client, Randolph Jones Living Trust (the "Trust"), in obtaining a judgment of possession of a three-bedroom penthouse apartment in Prospect Heights from respondent-licensee Eric Jones ("Respondent").

Respondent, an independent contractor, was hired by the Trust as a caregiver to Randolph Jones (no relation) and was given a license to occupy the apartment incident to his employment. The Trust subsequently terminated respondent's services by a serving him with a ten day notice to quit. Respondent refused to vacate the apartment. As such, the Trust was compelled to temporarily relocate Randolph Jones from his apartment and commence a licensee holdover proceeding against respondent to remove him from the apartment. Respondent interposed and answer and unrelated counterclaims relating to his employment. The Trust moved by summary judgment to recover the apartment. After oral argument, the Court determined that it was not in dispute that respondent was hired by the Trust and its trustees to work for Randolph Jones as his caregiver, respondent was paid by the trust, he was permitted to reside in the penthouse apartment as incident to his employment, and his employment and license to remain in the apartment had been terminated. The Court further determined that the Trust established its prima facie case, respondent's opposition did not raise material issues of fact and his unrelated counterclaims should be severed. As such the Court granted summary judgment in favor of the Trust.
(Civil Court of the City of New York: County of Kings - Decided: 11/17/2014)