BAY WEST REALTY CO. v. CHRISTY


61 Misc.2d 853 (1969)

Bay West Realty Co., Inc., Petitioner, v. George Christy et al., Respondents. Bay West Realty Co., Inc., Petitioner, v. George Rosenzweig, Respondent.

Civil Court of the City of New York, Trial Term, New York County.

December 15, 1969


Attorney(s) appearing for the Case

Daniel Finkelstein for petitioner. Slotnick & Narral (Robert Katz and Harold H. Rothman of counsel), for respondents.


ALLEN MURRAY MYERS, J.

In these holdover proceedings to be tried by a court and jury the respondents have orally moved to dismiss the petitions for failure to comply with subdivision 1 of section 741 of the Real Property Actions and Proceedings Law in its requirement that the petition shall "state the interest of the petitioner in the premises from which removal is sought." Since it is claimed that this is a jurisdictional defect, the court must first...

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