Allyn v. Markowitz

The narrow question before the court is whether a petition in a summary proceeding pursuant to article 7 of the Real Property Actions and Proceedings Law may be amended to include a claim for damages to the real property. There does not appear to be any direct authority on the point.

The subject matter of a special proceeding under article 7 of the Real Property Actions and Proceedings Law is a dispute over the right of possession of real property. (Real Property Actions and Proceedings Law, § 701; Cotignola v Lieber, 34 AD2d 700.) The purpose of the article is to provide for simple,…