MATTER OF 3505 REALTY CORP. v. WEINBERGER


41 Misc.2d 254 (1963)

In the Matter of 3505 Realty Corp., Landlord, v. Max Weinberger, Tenant, and Gun Hill Dairy Store, Inc., Undertenant.

Supreme Court, Special Term, Bronx County.

November 21, 1963


Attorney(s) appearing for the Case

John D. Graves for landlord. Joseph J. Jacobs for tenant and undertenant.


NATHANIEL T. HELMAN, J.

This is a motion to dismiss a summary proceeding instituted by the landlord for nonpayment of rent and for an alleged violation of one of the terms of the lease. Tenant challenges the jurisdiction of the Supreme Court upon the ground that by the provisions of section 701 of the Real Property Actions and Proceedings Law summary proceedings to remove a tenant have been jurisdictionally limited to a "county court, the court of a police...

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