Legal Opinion

In re the Summary Proceeding Brought by the Stuyvensant Real Estate Co.

Appellate Terms of the Supreme Court of New York

Decided March 15, 1903PublishedCited by 8 opinions

Appeal by the landlord from a final order made in the Municipal Court of the city of Yew York, eighth district, borough of Manhattan, dismissing a summary proceeding, brought to recover possession of demised premises for nonpayment of rent.

1Opinion of the CourtFreedman, P. J.

Upon the return day of the precept issued in this proceeding the attorney for the tenant made a motion to dismiss the landlord’s petition herein on the ground that said petition was not verified by an officer of the company, which is a domestic corporation, as required under sections 2235 and 525 of the Code of Civil Procedure.

This motion was granted, and from the order dismissing the proceeding, this appeal is taken.

The petition in this case was made by one Frederick E. Mygatt, who alleges therein that “ he is the agent of the Stuyvesant Real Estate Company; * * * that said company is a…

2Cases cited4 opinions

  1. Tolman v. HeadingAppellate Division of the Supreme Court of the State of New York · 1896
  2. Beach v. McGovernAppellate Division of the Supreme Court of the State of New York · 1899
  3. Powers v. De O.Appellate Division of the Supreme Court of the State of New York · 1901
  4. Boyd v. MiloneAppellate Terms of the Supreme Court of New York · 1898

3Cited by8 opinions

  1. Fitzgerald v. WashingtonCivil Court of the City of New York · 1975
  2. Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
  3. La Monica v. KraussCity of New York Municipal Court · 1948
  4. Reserve Finance Corp. v. RosenNew York Supreme Court · 1926
  5. Witherbee, Sherman & Co. v. Wykes, New York County Courts1913

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