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Gouveia v. Kershaw

Supreme Court, Appellate Term, Second Department
Dec 17, 1975
85 Misc. 2d 344 (N.Y. App. Term 1975)

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. Yang

Opinion

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.


Summaries of

Gouveia v. Kershaw

Supreme Court, Appellate Term, Second Department
Dec 17, 1975
85 Misc. 2d 344 (N.Y. App. Term 1975)

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. Yang
Case details for

Gouveia v. Kershaw

Case Details

Full title:GEORGE L. GOUVEIA, Respondent, v. BESSIE KERSHAW, Appellant

Court:Supreme Court, Appellate Term, Second Department

Date published: Dec 17, 1975

Citations

85 Misc. 2d 344 (N.Y. App. Term 1975)
378 N.Y.S.2d 898

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(Matter of Sardino v. Finch, 35 A.D.2d 686. ) The fact that the petition is facially insufficient does not…

Melevoi v. Yang

(See the statement of Appellate Term in Jackson v New York City Housing Auth., 88 Misc.2d 121.) In Gouveia v…