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

Appellate Terms of the Supreme Court of New York·Decided January 19, 1971·Published·Cited by 3 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

66 Misc. 2d 203 (Willace Realty Management, Inc. v. Henson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related