Billips v. Billips

Billips v. Billips, 189 Misc.2d 144 (Civ. Ct. NY Co. 2001) was an illegal lockout proceeding rather than a licensee holdover proceeding that was brought by a husband against his wife. Also, there were minor, biological children involved, with divorce and separation issues pending resolution. Basing its decision on cases that held one spouse may not evict the other, the Billips court surprisingly held that it did not have jurisdiction to restore a spouse to possession when he had been ousted by a spouse who had illegally used self-help to evict him.