Willace Realty Management, Inc. v. Henson

Appellate Terms of the Supreme Court of New York

Willace Realty Management, Inc. v. Henson

66 Misc. 2d 203, 319 N.Y.S.2d 966, 1971 N.Y. Misc. LEXIS 1919

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 19, 1971

StatusPublished

Cited by3 cases

This text of 66 Misc. 2d 203 (Willace Realty Management, Inc. v. Henson) 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

Willace Realty Management, Inc. v. Henson, 66 Misc. 2d 203, 319 N.Y.S.2d 966, 1971 N.Y. Misc. LEXIS 1919 (N.Y. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

The petition is defective on its face, and landlord’s proof was insufficient, since the landlord failed to afford the tenant 10 days to cure the alleged violation before terminating the tenancy, as mandated by sections 52 and 53 of the New York City Rent, Eviction and Rehabilitation Regulations. This is a noncurable jurisdictional defect, fatal to the proceeding, which may be raised upon appeal, notwithstanding the failure to assert it below.

The final judgment should be reversed, with $30 costs and petition dismissed.

Concur — Lupiaho, J. P., Stkext and Cold, JJ.

Final judgment reversed, etc.

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