Kaplan v. Bernstein
Appellate Terms of the Supreme Court of New York
Appeal by the tenant from a final order of the Municipal Court of the city of New York, borough of Brooklyn, second district, entered in favor of the landlords after a trial before the court without a jury.
1Opinion of the CourtCropsey, J.
The proceeding was based upon the holding over by the tenant and upon the claim that one of the landlords wished the property for his own residence. Upon this appeal the sole error claimed is that the petition is defective in that it fails to state *415that the landlord is a “natural person” and the “ owner of record ” of the property. And it is further claimed that the omission cannot be waived, and thus that the court did not acquire jurisdiction.
The objection that the petitioner should allege that he is a natural person is nonsensical. The petition shows that it is made by an.individual, and…
2Cases cited6 opinions
- Reich v. . CochranNew York Court of Appeals · 1911
- Shaffer v. . RiseleyNew York Court of Appeals · 1889
- Crane v. Van DerveerAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Brixton Operating Corp. v. La FetraNew York Supreme Court · 1920
- In re SteeleAppellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rosgro Realty Co. v. BraynenAppellate Terms of the Supreme Court of New York · 1972
- Monarch Property Associates v. BenjaminCivil Court of the City of New York · 1981