Loft v. Kaziz
Appellate Terms of the Supreme Court of New York
Appeal from Municipal - Court, Borough of Manhattan, First District. Summary proceedings by George W. Loft against Demetrius Kaziz. From a final order awarding possession to petitioner, defendant appeals. Reversed. See 80 N. Y. Supp. 1015.
1Opinion of the CourtFreedman, P. J.
The appeal in these proceedings attacks the sufficiency of the allegations in the petition upon the ground that it fails to comply with section 2235 of the Code of Civil Procedure, in that it fails properly to describe the “interest therein of the petitioner” in the demised premises. The petition contains only the averment that “the petitioner is the lessee, and that as such he is the landlord of the demised premises.” Section 2235, supra, requires that the applicant shall present a petition “describing the premises and the interest therein of the petitioner, stating the facts.” Under that…
Also in this document: Concurrence.
2Cases cited4 opinions
- Fuchs v. CohenNew York Court of Common Pleas · 1892
- Fox v. HeldAppellate Terms of the Supreme Court of New York · 1898
- Engel, Heller Co. v. Henry Elms. Brewing Co.Appellate Terms of the Supreme Court of New York · 1902
- Cram v. DietrichAppellate Terms of the Supreme Court of New York · 1902
3Cited by1 opinion
- B. J. Galligan & Co. v. P. S. M., Inc.City of New York Municipal Court · 1921