Legal Opinion

Willace Realty Management, Inc. v. Henson

Appellate Terms of the Supreme Court of New York

Decided January 19, 1971PublishedCited by 3 opinions

1Per curiam

The petition is defective on its face, and landlord’s proof was insufficient, since the landlord failed to afford the tenant 10 days to cure the alleged violation before terminating the tenancy, as mandated by sections 52 and 53 of the New York City Rent, Eviction and Rehabilitation Regulations. This is a noncurable jurisdictional defect, fatal to the proceeding, which may be raised upon appeal, notwithstanding the failure to assert it below.

The final judgment should be reversed, with $30 costs and petition dismissed.

Concur — Lupiaho, J. P., Stkext and Cold, JJ.

Final judgment reversed, etc.

2Cited by3 opinions

  1. Gonzalez v. PetersonAppellate Terms of the Supreme Court of New York · 1998
  2. 433 West Associates v. MurdockAppellate Terms of the Supreme Court of New York · 1999
  3. Trustees of Columbia University v. BruncatiAppellate Terms of the Supreme Court of New York · 1974