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Mohar Realty Co. v. Smith

46 Misc. 2d 849, 260 N.Y.S.2d 685, 1965 N.Y. Misc. LEXIS 1803
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 9, 1965
StatusPublished
Cited by5 cases

This text of 46 Misc. 2d 849 (Mohar Realty Co. v. Smith) 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
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).

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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Cite This Page — Counsel Stack

Bluebook (online)
46 Misc. 2d 849, 260 N.Y.S.2d 685, 1965 N.Y. Misc. LEXIS 1803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohar-realty-co-v-smith-nyappterm-1965.