Legal Question in Civil Litigation in New York

You may have your EX "removed" from your premises. But, you need to be very, very careful how you proceed. There is more than one kind of residential premise action that could be initiated. And, You do not want your Ex to turn the tables on you and require YOU to leave the premises and require YOU to pay the rent, while YOU, don't have access, possibly due an Order of Protection. (That happens more often than you might imagine).

Therefore, suggest that you assist Ex in finding other premises and contribute to Ex's acquisition of other living arrangement. Otherwise, YOU should cancel your lease, move out and away to new premises for yourself (w/o telegraphing your intentions), to avoid development of an ugly situation, that is a no win for you --- monetarily or otherwise. The idea is to avoid courts, and extenuated proceedings of any kind. While making it clear that everything between you and the EX is finished. You cannot do that if the two of you continue to claim "ownership" over living premises.

Good luck,

Phroska McAlister,ESQ