Grove Street Realty, Inc. v. Testa

OPINION OF THE COURT

Norman R. Roskin, J.

The respondent tenant moves this court, pursuant to subdivision 1 of section 731 of the Real Property Actions and Proceedings Law, for an order dismissing the within summary proceeding as jurisdictionally defective and for attorney’s fees. The basis of respondent’s motion is that the notice of petition was issued by petitioner herein, David E. Davis as president of the petitioner landlord, in contravention of subdivision 1 of section 731 of the Real Property Actions and Proceedings Law.

The petitioner landlord’s contention is that the petition was issued…