Gouveia v. Kershaw

Appellate Terms of the Supreme Court of New York

Gouveia v. Kershaw

85 Misc. 2d 344, 378 N.Y.S.2d 898, 1975 N.Y. Misc. LEXIS 3305

Appellate Terms of the Supreme Court of New York·Decided December 17, 1975·Published·Cited by 2 cases

Opinion

[345] Memorandum. Final judgment unanimously reversed, without costs, and petition dismissed.

The petition in this holdover summary proceeding, although not jurisdictionally defective, was insufficient on its face in that it did not contain an allegation as to whether the housing accommodations were subject to regulation pursuant to the Emergency Tenant Protection Act of 1974 (Real Property Actions and Proceedings Law, § 741, subd 4; Libe v Carles, NYLJ, Aug. 26, 1974, p 14, col 8, affd without opn 47 AD2d 815; Rosgro Realty Co. v Braynen, 70 Misc 2d 808).

Moreover, it was improper for the court below to render judgment without a trial.

Concur: Hogan, P. J., Pittoni and Farley, JJ.

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[345] Memorandum. Final judgment unanimously reversed, without costs, and petition dismissed.

The petition in this holdover summary proceeding, although not jurisdictionally defective, was insufficient on its face in that it did not contain an allegation as to whether the housing accommodations were subject to regulation pursuant to the Emergency Tenant Protection Act of 1974 (Real Property Actions and Proceedings Law, § 741, subd 4; Libe v Carles, NYLJ, Aug. 26, 1974, p 14, col 8, affd without opn 47 AD2d 815; Rosgro Realty Co. v Braynen, 70 Misc 2d 808).

Moreover, it was improper for the court below to render judgment without a trial.

Concur: Hogan, P. J., Pittoni and Farley, JJ.

Gouveia v. Kershaw, 85 Misc. 2d 344, 378 N.Y.S.2d 898, 1975 N.Y. Misc. LEXIS 3305 (N.Y. Ct. App. 1975).

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Opinion

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