Per Curiam.
A summary proceeding to recover possession of real property is not an action within the purview of rule 113 of the Rules of Civil Practice but a special proceeding (People ex rel. Livermore v. Hamilton, 39 N.Y. 107; Handshke v. Loysen, 203 App. Div. 21; Civ. Prac. Act, §§ 1415, 1430, 1437, 1445) and summary judgment is not available therein on the issue of landlord's right to possession (905 West End Ave. Corp. v. Peers...
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