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Gouveia v. Kershaw

85 Misc. 2d 344, 378 N.Y.S.2d 898, 1975 N.Y. Misc. LEXIS 3305
CourtAppellate Terms of the Supreme Court of New York
DecidedDecember 17, 1975
StatusPublished
Cited by2 cases

This text of 85 Misc. 2d 344 (Gouveia v. Kershaw) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

Opinion

[345]*345Memorandum. 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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Related

Melevoi v. Yang
120 Misc. 2d 982 (Civil Court of the City of New York, 1983)
Monarch Property Associates v. Benjamin
108 Misc. 2d 251 (Civil Court of the City of New York, 1981)

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Bluebook (online)
85 Misc. 2d 344, 378 N.Y.S.2d 898, 1975 N.Y. Misc. LEXIS 3305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gouveia-v-kershaw-nyappterm-1975.