Portnow v. La Rosa

Appellate Terms of the Supreme Court of New York

Portnow v. La Rosa

190 Misc. 695, 78 N.Y.S.2d 583, 1948 N.Y. Misc. LEXIS 2280

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 14, 1948

StatusPublished

Cited by1 cases

This text of 190 Misc. 695 (Portnow v. La Rosa) 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

Portnow v. La Rosa, 190 Misc. 695, 78 N.Y.S.2d 583, 1948 N.Y. Misc. LEXIS 2280 (N.Y. Ct. App. 1948).

Pincite

Opinion

Per Curiam.

Memorandum The petition is defective inasmuch as it describes the petitioner as the owner in fee of the premises when admittedly he is a co-owner. Section 1415 of the Civil Practice Act requires that he and his co-owner should join in the petition and state their interests in the premises. (Lucchesi v. Johnson, N. Y. L. J., Dec. 14, 1946, p. 1749, col. 6.)

[696]*696The final order should be unanimously modified on the law by inserting a provision that the dismissal of the proceeding was without prejudice, and, as so modified, the final order should be affirmed, without costs.

MacCrate, Steinbrink and Fennelly, JJ., concur.

Ordered accordingly.

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