MATTER OF 634 ST. NICHOLAS AVE. v. CAPUTA


20 Misc.2d 400 (1959)

In the Matter of 634 St. Nicholas Avenue, Inc., Petitioner, v. Joseph J. Caputa, as State Rent Administrator, Respondent, and Phyllis C. McLaurin, Intervenor-Respondent.

Supreme Court, Special Term, New York County.

October 22, 1959.


Attorney(s) appearing for the Case

Stein, Goldberg & Simon for petitioner.

Nathan Heller and Julius A. Copeland for respondent.

Dunbar S. McLaurin for intervenor-respondent.


FRANCIS X. CONLON, J.

Motion to open the default of the petitioner in opposing the application of tenant to intervene and prosecute an appeal and on opening the default to deny the motion to intervene, is denied. While it is true that neither the State Rent Administrator nor the petitioner was served properly with the notice of motion, however on the matter now submitted the court does not believe that intervention should be denied on the merits. Section...

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