PECENIK v. CITY OF NY


109 Misc.2d 777 (1981)

Frank Pecenik, Plaintiff, v. City of New York et al., Defendants.

Civil Court of the City of New York, Kings County.

June 5, 1981


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Joseph M. Armstrong and John Jokl of counsel), for defendant. Frank Pecenik, plaintiff pro se.


HERBERT KRAMER, J.

The City of New York moves to dismiss the complaint of a landlord, seeking damages for rent due, for failure to state a cause of action.

This litigation arose after the plaintiff brought a summary proceeding for the eviction of his tenant, a recipient of public assistance. A warrant issued and 72-hour notice had been served when the landlord received a telephone call from a welfare investigator promising to pay future rent in...

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