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34 & 7 REALOPP CORP. v. SEAFOOD CITY

71 Misc.2d 302 (1972)

34 & 7 Realopp Corp., Appellant, v. Seafood City, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

May 22, 1972

Attorney(s) appearing for the Case

Gubman & Sitomer (Joseph G. Gubman and Robert I. Edlitz of counsel), for appellant. Carb, Luria, Glassner, Cook & Kufeld (Bernard B. Sumliner of counsel), for respondent.

Concur — STREIT, J. P., QUINN and GOLD, JJ.

Per Curiam.

The failure to allege in the petition that "the premises are not a multiple dwelling" as required by the New York City Civil Court Rules (22 NYCRR 2900.21 [f]), is a defect which can be amended by motion at any time before conclusion of the trial (Rosgro Realty Co. v. Braynen, 70 Misc.2d 808; Presta v. Circle Studios, N. Y. L. J., April 7, 1972, p...

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