Legal Opinion
Chalfonte Realty Corp. v. Streator, Inc.
Civil Court of the City of New York
Decided February 2, 1989PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Peter Tom, J.
In this summary holdover proceeding, respondent moves to dismiss the petition on the ground that the notice of petition is jurisdictionally defective.
Respondent asserts that the notice of petition in substance and form appears to be a court mandate directing respondent to vacate the premises rather than give notice to respondent of the proceeding.
Petitioner contends that the notice of petition complies with section 208.42 of the Uniform Rules for Trial Courts (22 NYCRR 208.42).
A notice of petition is equivalent to a summons in a plenary action and its function…
2Cases cited4 opinions
- Parker v. MackNew York Court of Appeals · 1984
- Ciaschi v. Town of EnfieldAppellate Division of the Supreme Court of the State of New York · 1982
- Union Hospital v. HenryCivil Court of the City of New York · 1986
- Lorenzo v. RiveraCivil Court of the City of New York · 1986
3Cited by4 opinions
- Citibank (South Dakota), N.A. v. MartinCivil Court of the City of New York · 2005
- Lumberman's Mutual Casualty Co. ex rel. Cervone v. Temco Service IndustriesAppellate Division of the Supreme Court of the State of New York · 1994
- Malik v. CukrowskiCivil Court of the City of New York · 1997
- Montgomery Trading Co. v. ChoCivil Court of the City of New York · 2002