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Garvin v. Cole

Supreme Court, Appellate Term, First Department
Feb 23, 1967
53 Misc. 2d 647 (N.Y. App. Term 1967)

Opinion

February 23, 1967

Appeal from the Civil Court of the City of New York, County of New York, SAMUEL R. ROSENBERG, J.

Leo Lilienfeld and Frank Rosenblum for appellants.

Weisstein Weisstein ( Marvin A. Cooper of counsel), for respondent.


Section 53 of the New York City Rent, Eviction and Rehabilitation Regulations sets forth the procedures to be followed in proceedings to evict a tenant. The landlord's failure to allege and prove compliance with the mandatory provisions thereof rendered its application fatal. ( Grant v. Morris, 18 A.D.2d 896.) This section may neither be waived by the parties nor can their consent confer jurisdiction ( Ferber v. Apfel, 113 App. Div. 720, 723).

Final judgment should be reversed, with $30 costs, and final judgment directed in favor of tenants dismissing the petition, without prejudice.

Concur — STREIT, J.P., HOFSTADTER and TILZER, JJ.

Final judgment reversed, etc.


Summaries of

Garvin v. Cole

Supreme Court, Appellate Term, First Department
Feb 23, 1967
53 Misc. 2d 647 (N.Y. App. Term 1967)
Case details for

Garvin v. Cole

Case Details

Full title:CATHERINE GARVIN, Respondent, v. LEAH COLE et al., Appellants

Court:Supreme Court, Appellate Term, First Department

Date published: Feb 23, 1967

Citations

53 Misc. 2d 647 (N.Y. App. Term 1967)
279 N.Y.S.2d 656

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