In Matter of Brennecke v. Smith (42 Misc. 2d 935 [Westchester County Ct 1964]), the husband William K. Smith and Margaret Smith were married in 1940 and four children were born from the marriage. The couple acquired a house in Pelham. In June of 1952, the husband transferred his interest in the property to his wife. Financial difficulties arose for the wife and the property was threatened with foreclosure. Petitioner Vivian D. Brennecke paid off the mortgage and took an assignment of the mortgage. The wife transferred her interest in the property to petitioner for a total consideration of $ 5,000 in 1964. Petitioner was aware that respondent husband and the four children occupied the premises at the time of the conveyance and she was a long-term friend of the wife. The Justice Court, Town of Pelham, dismissed the proceeding because the husband was not a licensee. On appeal the County Court affirmed because (at 939): "I am of the opinion that the facts in the instant case much more closely parallel those of the Rosenstiel v. Rosenstiel case than any of the other cases cited, and on the reasoning thereof I find that the petitioner has failed to establish by a fair preponderance of the proof that the respondent is a licensee. The final order dismissing the summary proceeding herein is affirmed."