TRIBOROUGH v. WIMPFHEIMER


163 Misc.2d 412 (1994)

620 N.Y.S.2d 914

Triborough Bridge and Tunnel Authority, Petitioner, v. Henry Wimpfheimer et al., Respondents.

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

November 28, 1994


Attorney(s) appearing for the Case

Mitchell Merlis for respondents. Sieratzki & Ceccarelli for petitioner.


MICHAEL D. STALLMAN, J.

Is the failure to name and serve a known subtenant fatal to a summary proceeding? Can the defect be cured during pendency, either by joinder of the absent party, or commencement of a separate proceeding and consolidation?

Petitioner commenced this commercial holdover proceeding (Proceeding I, L&T index No. 11826/93), based on the termination of a month-to-month tenancy, against...

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