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1990 Seventh Avenue Co-operative Corp. v. Edwards

Supreme Court, Appellate Term, First Department
Apr 9, 1929
133 Misc. 831 (N.Y. App. Term 1929)

Opinion

April 9, 1929.

Appeal from the Municipal Court, Borough of Manhattan, Seventh District.

David Bernstein, for the appellant.

James S. Watson, for the respondent.


The petition in this proceeding for non-payment of rent under lease of apartment in co-operative apartment house to tenant, a holder of the stock of the landlord corporation, is sufficient to show the relation of landlord and tenant and the agreement of the tenant to pay as rent a proportionate share of the operating and other expenses of the building as fixed by the directors of the corporation. However, as the petition does not contain the allegation required by section 1410, subdivision 2-a, of the Civil Practice Act, in the absence of any averment of exemption from the housing laws the dismissal of the petition was proper.

Final order affirmed, with twenty-five dollars costs.

All concur; present, BIJUR, LYDON and FRANKENTHALER, JJ.


Summaries of

1990 Seventh Avenue Co-operative Corp. v. Edwards

Supreme Court, Appellate Term, First Department
Apr 9, 1929
133 Misc. 831 (N.Y. App. Term 1929)
Case details for

1990 Seventh Avenue Co-operative Corp. v. Edwards

Case Details

Full title:1990 SEVENTH AVENUE CO-OPERATIVE CORPORATION, Appellant, v. BESSIE C…

Court:Supreme Court, Appellate Term, First Department

Date published: Apr 9, 1929

Citations

133 Misc. 831 (N.Y. App. Term 1929)
234 N.Y.S. 82

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