Braschi v. Stahl Associates company PDF

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ST. JOHN'S FAMILY LAW I - Professor: Jennifer Baum; Case brief and class notes from casebook titled "Modern Family Law: Cases and Materials" by Weisberg and Appleton...

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FAMILY LAW FALL 2020 CASE BRIEF/LECTURE NOTES

Braschi v. Stahl Associates company! Facts: Miguel Braschi was living with Leslie in a rent-controlled apartment until Blanchard’s death. Stahl associates the owner of the apartment building served a notice to cure on appellant contending that he was a mere licensee with no right to occupy the apartment since only Blanchard was the tenant with no right to occupy the apartment since Blanchard was the tenet of record. Since Blanchard wasn’t considered family he had to leave. Court finds that the term family as used in 9 NYCRR should not be rigidly restricted to those people who have formalized their relationship by obtaining a marriage certificate or an adoption order. a) Local ordinance, NYC rent control b) City regulation that at some point had to get approved promulgated under NYS law. 2) NY Courts should look to a number of factors to determine objectively of the relationship of the parties like a) Exclusivity and longevity of the relationship b) Level of emotional and financial commitment c) Manner in which the parties have conducted their everyday lives and held themselves out o society d) Reliance placed upon one another for daily family services. 3) During this case, the court asked personal intimate questions: if they were married then the court would not have inquired into intimidate details, normally if it is a marriage for recognized family unit, the court does not inquire into the details of the relationship bc society recognizes this as a family. People who are on the outside, sometimes they have to do that with a probing search at the nature of their relationship. a) Marriage is regarded as submission to state requirements, but actually allowed married couples to order their relationships as they wish and receive benefits. b) Couple must order their prescribe ways in order to get state benefits c) Would all nonmarried couples satisfy the courts criteria?

i) The fact they could not legally get married, could say they were in a family? if they had the power to get married they wouldn’t say that. ii) Heterosexual couples have the legal power to get married,...