Opinion
May 13, 1993
Appeal from the Supreme Court, New York County (Elliott Wilk, J.).
As a matter of law, the petitioner at bar did not make a completed inter vivos gift of his interest in the marital cooperative apartment to his daughter-in-law, since there is no evidence that the petitioner acted to divest himself of dominion and control over the property (see, Gruen v Gruen, 68 N.Y.2d 48, 56-57). Nevertheless, the circumstances of the petitioner's attempt to evict his son's estranged wife and children from the marital home may well be inconsistent with the landlord's duty of good faith and fair dealing (see, 57 E. 54 Realty Corp. v Gay Nineties Realty Corp., 71 Misc.2d 353, 354). Additionally, there are factual issues raised by respondents' equitable defenses, including waiver and estoppel.
Concur — Carro, J.P., Milonas, Ellerin and Nardelli, JJ.