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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Amanda Colburn v. Nicholas Saykaly & a. (2020)

Citation
Amanda Colburn v. Nicholas Saykaly & a. (2020)
Parent Document
Amanda Colburn v. Nicholas Saykaly & a. (2020)
Jurisdiction
New Hampshire (state)
Effective Date
2020-03-11

Full Text

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The defendant also urges us to adopt the reasoning of the trial court in
Giuffrida v. Giuffrida, 649 N.Y.S.2d 773 (N.Y. Civ. Ct. 1996), that a “licensee”
permitted to reside at a premises by one with a right to possession of the
premises is not subject to the jurisdiction of the court in an eviction action.
Giuffrida, 649 N.Y.S.2d at 776. However, Giuffrida is inapposite. Not only did
the case turn upon the specific language of a New York statute, but it involved
a theory of property ownership — tenancy by the entirety — which is “a form of
ownership whose attributes are not recognized in New Hampshire.” See Estate
of Croteau v. Croteau, 143 N.H. 177, 180 (1998).