Legal Opinion
34 & 7 Realopp Corp. v. Seafood City, Inc.
Appellate Terms of the Supreme Court of New York
Decided May 22, 1972PublishedCited by 4 opinions
1Opinion of the Court
Per Guriam.
The failure to allege in the petition that ‘ ‘ the premises are not a multiple dwelling ” as required by the New York City Civil Court Rules (22 NYCRR 2900.21 [f j), is a defect *303which can be amended by motion at any time before conclusion of the trial (Rosgro Realty Co. v. Braynen, 70 Misc 2d 808; Presta v. Circle Studios, N. Y. L. J., April 7,1972, p. 2, col. 5).
The other objections raised as to jurisdiction have no merit.
The order should be reversed with $10 costs, and motion to dismiss .the petition should be denied, matter remitted to the court below for trial of the traverse.
Co…
2Cases cited1 opinion
- Rosgro Realty Co. v. BraynenAppellate Terms of the Supreme Court of New York · 1972
3Cited by4 opinions
- Fitzgerald v. WashingtonCivil Court of the City of New York · 1975
- Monarch Property Associates v. BenjaminCivil Court of the City of New York · 1981
- Pelhut Realty Co. v. WhiteAppellate Terms of the Supreme Court of New York · 1973
- Tysons Associates v. Tribeca Audio Research Inc.Civil Court of the City of New York · 1988