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1990 Seventh Avenue Co-operative Corp. v. Edwards

133 Misc. 831, 234 N.Y.S. 82, 1929 N.Y. Misc. LEXIS 744
Appellate Terms of the Supreme Court of New York·Decided April 9, 1929·Published·Cited by 6 cases

Opinion

Per Curiam.

The petition in this proceeding for non-payment of rent under lease of apartment in co-operative apartment house to tenant, a holder of the stock of the landlord corporation, is sufficient to show the relation of landlord and tenant and the agreement of the tenant to pay as rent a proportionate share of the operating and other expenses of the building as fixed by the directors of the corporation. However, as the peiiiion does not contain the allegation required by section 1410, subdivision 2-a, of the Civil Practice Act, in the absence of any averment of exemption from the housing laws the dismissal of the petition ivas proper.

Final order affirmed, with twenty-five dollars costs.

All concur; present, Bijur, Lydon and Frankenthaler, JJ.

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1990 Seventh Avenue Co-operative Corp. v. Edwards, 133 Misc. 831, 234 N.Y.S. 82, 1929 N.Y. Misc. LEXIS 744 (N.Y. Ct. App. 1929).

133 Misc. 831 (1990 Seventh Avenue Co-operative Corp. v. Edwards) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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