CUBITA v. WESTCHESTER FURN.


88 Misc.2d 497 (1976)

Walter Cubita, as Receiver of 40-46 W. 1st Street, Petitioner, v. Westchester Furniture Exchange et al., Respondents.

City Court of Mount Vernon.

November 4, 1976


Attorney(s) appearing for the Case

Addesso, Vicinanza & Merovitch for petitioner. Gilberg & Gilberg for respondents.


IRVING KENDALL, J.

At the close of the petitioner's case in the above-entitled summary proceedings, both sides rested, without any proof being put in by respondent tenant, Ramiro Bararo, and this respondent tenant moved to dismiss the proceedings on the dual grounds (a) that petitioner was not authorized to institute the summary proceedings pursuant to subdivision 10 of section 721 of the Real Property Actions and Proceedings Law, and (b) petitioner had...

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