Per Curiam.
The order entered October 26, 1981 is reversed and the petition is reinstated for trial, with $10 costs.
The petition, notice of petition and proof of service in this summary holdover proceeding were filed four days before the noticed return date. On that basis, the court below dismissed the proceeding, holding that the service constituted a jurisdictional defect not subject to amendment.
RPAPL 733 (subd 1) provides, insofar as is...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
