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Wolff v. Brontown Realty Corp.

281 A.D. 752, 118 N.Y.S.2d 74, 1953 N.Y. App. Div. LEXIS 3188
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 5, 1953
StatusPublished
Cited by8 cases

This text of 281 A.D. 752 (Wolff v. Brontown Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolff v. Brontown Realty Corp., 281 A.D. 752, 118 N.Y.S.2d 74, 1953 N.Y. App. Div. LEXIS 3188 (N.Y. Ct. App. 1953).

Opinion

— In this action by a tenant of an apartment against his landlord, the latter moved to dismiss the complaint on the grounds of nonjoinder of parties defendant and insufficiency of factual allegations to constitute a cause of action. Plaintiff appeals from the order granting said motion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, with leave to defendant to serve an answer within ten days after the entry of an order hereon. In our opinion, the complaint states a sufficient cause of action for nuisance. (See 1 New York Law of Landlord & Tenant, § 244.) Nonjoinder of parties is not a ground for dismissal of a complaint until after the making of an order directing a joinder. (Civ. Prac. Act, §§ 192, 193.) Nolan, P. J., Carswell, Adel, Wenzel and MaeCrate, JJ., concur.

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Bluebook (online)
281 A.D. 752, 118 N.Y.S.2d 74, 1953 N.Y. App. Div. LEXIS 3188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolff-v-brontown-realty-corp-nyappdiv-1953.