Feuerbach v. Yanes

' Bentley Kassal, J.

Tenant moves to dismiss this nonpayment summary proceeding on the ground that the petition fails to “ state the facts upon which the special proceeding is based ” as required by subdivision 4 of section 741 of the Beal Property Actions and Proceedings Law.

The form petition contains the usual printed allegation ‘ ‘ That the premises are not subject to rent control by reason of ”. The words “ vacancy decontrol ” are typed in at that point and they are the key terms in issue.

Tenant argues that these inserted words do not satisfy the requirement that the petition present “ a…