Oelkrug v. Gilwaldron Realty Co.

Plaintiffs’ first and second causes of action for treble damages for willful overcharges of rent were actions for damages and not for a penalty (Di Bitetto v. Sussman, 279 App. Div. 1033) and should not have been dismissed for failure of the summons to contain an indorsement as required under section 24 of former New York City Municipal Court Code.

The third and fourth causes of action for malicious prosecution were sufficient as pleaded. Failure to include in the indorsement on the summons an allegation that defendant lacked probable cause to commence the criminal prosecutions was not a fatal…