Legal Opinion
Basch v. Hooper
Civil Court of the City of New York
Decided October 23, 1986Published
1Opinion of the Court
OPINION OF THE COURT
Martin Schoenfeld, J.
"What’s in a name? That which we call a rose By any other name would smell as sweet.”
In this nonprimary residence summary proceeding, however, a rose by any other name is not the same thing. More *739specifically, a 30-day termination notice stating petitioner to be an executrix when in fact she is a trustee is a defective notice which cannot be amended.
Petitioner moves to strike a jury demand pursuant to the provisions of a written lease and requests leave to conduct discovery. Respondent alleges that petitioner is not a proper party to this proceeding.…
2Cases cited8 opinions
- Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
- Roche v. Hearst Corp.New York Court of Appeals · 1981
- Wood v. . BrownNew York Court of Appeals · 1866
- In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
- Jackson v. New York City Housing AuthorityAppellate Terms of the Supreme Court of New York · 1976
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