Garvin v. Cole

Appellate Terms of the Supreme Court of New York

Garvin v. Cole

53 Misc. 2d 647, 279 N.Y.S.2d 656, 1967 N.Y. Misc. LEXIS 1754

Appellate Terms of the Supreme Court of New York·Decided February 23, 1967·Published·Cited by 1 cases

Opinion

Per Curiam.

Section 53 of the New York City Rent, Eviction and Rehabilitation Regulations sets forth the procedures to be followed in proceedings to evict a tenant. The landlord’s failure to allege and prove compliance with the mandatory provisions thereof rendered its application fatal. (Grant v. Morris, 18 A D 2d 896.) This section may neither be waived by the parties nor can their consent confer jurisdiction (Ferber v. Apfel, 113 App. Div. 720, 723).

Final judgment should be reversed, with $30 costs, and final judgment directed in favor of tenants dismissing the petition, without prejudice.

Concur — Streit, J. P., Hofstadter and Tilzer, JJ.

Final judgment reversed, etc.

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Per Curiam.

Section 53 of the New York City Rent, Eviction and Rehabilitation Regulations sets forth the procedures to be followed in proceedings to evict a tenant. The landlord’s failure to allege and prove compliance with the mandatory provisions thereof rendered its application fatal. (Grant v. Morris, 18 A D 2d 896.) This section may neither be waived by the parties nor can their consent confer jurisdiction (Ferber v. Apfel, 113 App. Div. 720, 723).

Final judgment should be reversed, with $30 costs, and final judgment directed in favor of tenants dismissing the petition, without prejudice.

Concur — Streit, J. P., Hofstadter and Tilzer, JJ.

Final judgment reversed, etc.

Garvin v. Cole, 53 Misc. 2d 647, 279 N.Y.S.2d 656, 1967 N.Y. Misc. LEXIS 1754 (N.Y. Ct. App. 1967).

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Opinion

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