Atterbury v. Edwa
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from a final order in favor of the landlord, entered in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtHendrick, J.
This is an appeal by a tenant from a final order of dispossession and from an order denying a motion for a new trial. But two questions that merit discussion are raised on this appeal; first, whether the failure to make the under-tenants parties is fatal to the proceedings, and, secondly, whether the acceptance of the indorsed notes was a payment of the rent. Section 2235 of the Code does not require the under-tenants to be joined. All that it requires is that the petition shall name or'describe the persons- against whom the special proceeding is instituted. Under-tenants are proper parties…
2Cited by5 opinions
- Teachers College v. WolterdingCivil Court of the City of New York · 1973
- Allan v. Binghamton Housing AuthorityBinghamton City Court · 1975
- Farchester Gardens, Inc. v. ElwellYonkers City Court · 1987
- Brause v. ParisiAppellate Terms of the Supreme Court of New York · 1948
- Kennedy v. MeehanAlbany City Court · 1947