Dunbar Paint Supply Corp. v. "John Doe"

Appellate Division of the Supreme Court of New York

Dunbar Paint Supply Corp. v. "John Doe"

50 A.D.2d 533, 375 N.Y.S.2d 326, 1975 N.Y. App. Div. LEXIS 12249

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1975

StatusPublished

This text of 50 A.D.2d 533 (Dunbar Paint Supply Corp. v. "John Doe") is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunbar Paint Supply Corp. v. "John Doe", 50 A.D.2d 533, 375 N.Y.S.2d 326, 1975 N.Y. App. Div. LEXIS 12249 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Order, Appellate Term, First Department, entered on or about February 24, 1975, modifying, by a divided court, a judgment of the Civil Court, to the extent of dismissing the petition as against the prime tenant, unanimously modified, on the law, to the extent of dismissing the proceeding as against the subtenant and, as so modified, the order appealed from is unanimously affirmed, without costs and without disbursements. This squatter proceeding was improperly brought against both the tenant of a rent controlled apartment and the subtenant whom she put in possession and the majority at the Appellate Term correctly so held as to the statutory tenant. We agree with the dissenting Justice that the proceeding should be dismissed as against the subtenant as well. As to the latter, it is conceded that he is in possession with the permission of the statutory tenant. Hence, he is in possession with "the permission of the person entitled to possession” (Real Property Actions and Proceedings Law, § 713, subd 3) and, accordingly, the statutory basis for a squatter proceeding under section 713 is lacking. The landlord has other available remedies. Concur — Stevens, P. J., Lupiano, Tilzer, Capozzoli and Yesawich, JJ.

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— Order, Appellate Term, First Department, entered on or about February 24, 1975, modifying, by a divided court, a judgment of the Civil Court, to the extent of dismissing the petition as against the prime tenant, unanimously modified, on the law, to the extent of dismissing the proceeding as against the subtenant and, as so modified, the order appealed from is unanimously affirmed, without costs and without disbursements. This squatter proceeding was improperly brought against both the tenant of a rent controlled apartment and the subtenant whom she put in possession and the majority at the Appellate Term correctly so held as to the statutory tenant. We agree with the dissenting Justice that the proceeding should be dismissed as against the subtenant as well. As to the latter, it is conceded that he is in possession with the permission of the statutory tenant. Hence, he is in possession with "the permission of the person entitled to possession” (Real Property Actions and Proceedings Law, § 713, subd 3) and, accordingly, the statutory basis for a squatter proceeding under section 713 is lacking. The landlord has other available remedies. Concur — Stevens, P. J., Lupiano, Tilzer, Capozzoli and Yesawich, JJ.

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Bluebook (online)

50 A.D.2d 533, 375 N.Y.S.2d 326, 1975 N.Y. App. Div. LEXIS 12249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunbar-paint-supply-corp-v-john-doe-nyappdiv-1975.