Mohar Realty Co. v. Smith

Appellate Terms of the Supreme Court of New York

Mohar Realty Co. v. Smith

46 Misc. 2d 849, 260 N.Y.S.2d 685, 1965 N.Y. Misc. LEXIS 1803

Appellate Terms of the Supreme Court of New York·Decided June 9, 1965·Published·Cited by 5 cases

Opinion

Per Curiam.

It was error to dismiss the petition for lack of jurisdiction of the subject matter. The Suffolk County District Court has jurisdiction to entertain a summary proceeding to recover possession of property instituted by one claiming title through a tax deed. (Real Property Actions and Proceedings Law, § 701, subd. 1; § 713, subd. 4; UDCA, §§ 201, 204.) The issue of title, raised as a defense, does not have the effect of divesting the court of jurisdiction. (Hoffman v. Hoffman, 212 App. Div. 531.)

The judgment should be unanimously reversed and a new trial ordered, with $30 costs to petitioner to abide the event.

Concur — McDonald, Schwartzwald and Croat, JJ.

Judgment reversed, etc.

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Per Curiam.

It was error to dismiss the petition for lack of jurisdiction of the subject matter. The Suffolk County District Court has jurisdiction to entertain a summary proceeding to recover possession of property instituted by one claiming title through a tax deed. (Real Property Actions and Proceedings Law, § 701, subd. 1; § 713, subd. 4; UDCA, §§ 201, 204.) The issue of title, raised as a defense, does not have the effect of divesting the court of jurisdiction. (Hoffman v. Hoffman, 212 App. Div. 531.)

The judgment should be unanimously reversed and a new trial ordered, with $30 costs to petitioner to abide the event.

Concur — McDonald, Schwartzwald and Croat, JJ.

Judgment reversed, etc.

Mohar Realty Co. v. Smith, 46 Misc. 2d 849, 260 N.Y.S.2d 685, 1965 N.Y. Misc. LEXIS 1803 (N.Y. Ct. App. 1965).

Pincite

46 Misc. 2d 849 (Mohar Realty Co. v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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