What is the test for an action brought by a husband who is still in possession of his wife's home?
"New York", United States of America
The following excerpt is from Deickler v. Abrams, 159 N.Y.S.2d 449 (N.Y. Cty. Ct. 1956):
The rather unusual factual situation in the case at bar resembles that in Lamb v. Lamb, 146 N.Y. 317, 41 N.E. 26, where it was unsuccessfully sought to impose liability upon a widow who continued in occupancy of the marital abode. Again the absence of the conventional landlordtenant relationship barred the action.
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