Bay West Realty Co. v. Christy

In these holdover proceedings to be tried by a court and jury the respondents have orally moved to dismiss the petitions for failure to comply with subdivision 1 of section 741 of the Real Property Actions and Proceedings Law in its requirement that the petition shall “ state the interest of the petitioner in the premises from which removal is sought.” Since it is claimed that this is a jurisdictional defect, the court must first dispose of these motions before commencing with the trial of these proceedings.

The petitions allege that the petitioner Bay West Realty Co., Inc. is the “ Lessee and…