Legal Opinion
Jamal Estates v. Crockwell
Appellate Terms of the Supreme Court of New York
Decided March 18, 1982PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The order entered October 26, 1981 is reversed and the petition is reinstated for trial, with $10 costs.
The petition, notice of petition and proof of service in this summary holdover proceeding were filed four days before the noticed return date. On that basis, the court below dismissed the proceeding, holding that the service constituted a jurisdictional defect not subject to amendment.
RPAPL 733 (subd 1) provides, insofar as is here pertinent, “the notice of petition and petition shall be served at least five and not more than twelve days before the time at which the…
3Cases cited8 opinions
- Jackson v. New York City Housing AuthorityAppellate Terms of the Supreme Court of New York · 1976
- Teachers College v. WolterdingAppellate Terms of the Supreme Court of New York · 1974
- Teachers College v. WolterdingCivil Court of the City of New York · 1973
- Sears Roebuck & Co. v. AustinCivil Court of the City of New York · 1969
- Shields v. Benderson Development Co., New York County Courts1973
3 more not listed; retrieve them via the Exa API.
4Cited by3 opinions
- City of New York v. BrownCivil Court of the City of New York · 1982
- Friedlander v. RamosAppellate Terms of the Supreme Court of New York · 2004
- Metropolitan Transportation Authority v. Terminal Drago Shine Stands, Inc.Civil Court of the City of New York · 1983