JORDAN v. McCAULEY


178 Misc.2d 216 (1998)

679 N.Y.S.2d 880

Eliot Jordan, Appellant, v. William McCauley et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 9, 1998


Attorney(s) appearing for the Case

Finkelstein Newman, L. L. P., New York City (Daniel Finkelstein and Barry Gottlieb of counsel), for appellant. Mantell & Haskel, New York City (Amy Christianson of counsel), for William McCauley, respondent.

McCOOE, J. P., DAVIS and GONZALEZ, JJ., concur.


Per Curiam.

Order entered February 23, 1998 reversed, with $10 costs, landlord's motion to amend the petition granted, the petition reinstated and the proposed amended petition deemed served in the form annexed to landlord's moving papers.

Civil Court abused its discretion in denying landlord's motion to amend the petition and, sua sponte, dismissing the owner occupancy proceeding. Although the original petition...

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