905 West End Avenue Corp. v. Peers
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in summary proceedings, granting landlord’s motion to strike out the affirmative defense contained in tenant’s answer as insufficient in law, and from a summary judgment granting a final order.
1Per curiam
The motion was made for judgment on the pleadings, under rule 113 of the Rules of Civil Practice referring to “ An action to recover a debt or liquidated demand arising, 1. on a contract, express or implied, sealed or not sealed; or 2. on a judgment for a stated sum.” We are of the opinion that the rule is inapplicable to a summary proceeding. Moreover, if considered as a motion for judgment on the pleadings, the granting of the motion was unauthorized, because an issue was raised not only by statutory defense but also by the denial of personal demand of the rent by the landlord.
Final order…
2Cited by3 opinions
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
- Hecht v. ManessAppellate Terms of the Supreme Court of New York · 1960
- Miressi v. FunicelloAppellate Division of the Supreme Court of the State of New York · 1950