Summary
In Gouveia v Kershaw (85 Misc.2d 344, 345) a case outside the City of New York, the Appellate Term, Second Department, said: "The petition in this holdover summary proceeding, although not jurisdictionally defective, was insufficient on its face in that it did not contain an allegation as to whether the housing accommodations were subject to regulation pursuant to the Emergency Tenant Protection Act of 1974".
Summary of this case from Melevoi v. YangOpinion
December 17, 1975
Appeal from the Mount Vernon City Court, IRVING B. KENDALL, J.
Gerald A. Norlander for appellant.
MEMORANDUM.
Final judgment unanimously reversed, without costs, and petition dismissed.
The petition in this holdover summary proceeding, although not jurisdictionally defective, was insufficient on its face in that it did not contain an allegation as to whether the housing accommodations were subject to regulation pursuant to the Emergency Tenant Protection Act of 1974 (Real Property Actions and Proceedings Law, § 741, subd 4; Libe v Carles, NYLJ, Aug. 26, 1974, p 14, col 8, affd without opn 47 A.D.2d 815; Rosgro Realty Co. v Braynen, 70 Misc.2d 808).
Moreover, it was improper for the court below to render judgment without a trial.
Concur: HOGAN, P.J., PITTONI and FARLEY, JJ.