In the Matter of Anthony Mennella, Respondent,
v.
Margarita Lopez-Torres et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 1, 1998
Decided May 5, 1998.
Attorney(s) appearing for the Case
Dennis C. Vacco, Attorney-General, New York City (Carolyn Cairns Olson, Barbara G. Billet and John W. McConnell of counsel), for appellants.
Meryl L. Wenig, Brooklyn, and Frank Smith for respondent.
Milbank, Tweed, Hadley & McCloy, New York City (Joseph S. Genova and Carol Vizzier of counsel), Andrew Scherer, Kenneth Rosenfeld, Matthew J. Chachere, Adele Bartlett, Helaine Barnett, Marlen S. Bodden, Scott Rosenberg, John C. Gray, Brooklyn, and Edward Josephson for City-Wide Task Force on Housing Court, Inc., amicus curiae.
Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH and WESLEY concur with Judge LEVINE; Judge CIPARICK concurs in result in a separate opinion.
Court of Appeals of the State of New York.
LEVINE, J.
On this appeal we are called upon to revisit the subject previously addressed in Matter of Brusco v Braun (84 N.Y.2d 674), concerning the authority of Judges of the Civil Court of the City of New York to impose additional procedural hurdles upon landlords before obtaining an eviction, when a tenant fails to appear or answer in a summary proceeding for nonpayment...
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