Rosgro Realty Co. v. Braynen

Tenants moved to vacate nonpayment summary proceedings and orders entered therein, pursuant to section 755 of the Beal Property Actions and Proceedings Law on the ground that the court lacked subject matter jurisdiction of said proceedings. This contention was predicated upon prior decisions of this court which appear to announce a rule that the filing of a registration statement in compliance with the Housing Maintenance Code (which is a prerequisite for recovery of possession of premises for nonpayment) is a jurisdictional fact which must be pleaded and failure to so plead divests the Civil…