BALABAN v. PHILLIPS


138 Misc.2d 990 (1988)

Howard Balaban, as Trustee, et al., Petitioners, v. Jeanne-Marie Phillips et al., Respondents.

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

March 7, 1988


Attorney(s) appearing for the Case

Pamela Phillips, respondent pro se, and for Jeanne-Marie Phillips, respondent. Alan J. Goldberg for Laurie Grieve, respondent. Alvin H. Heller for petitioners.


JAY STUART DANKBERG, J.

"Jurisdiction exists that rights may be maintained. Rights are not maintained that jurisdiction may exist" (Berkovitz v Arbib & Houlberg, 230 N.Y. 261, 274 [Cardozo, J., 1921]).

This lawsuit is a holdover summary proceeding brought to evict three named respondents. It is alleged that respondent Jeanne-Marie Phillips — the lease-holding tenant — unlawfully sublet or assigned the subject apartment...

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