Fitzgerald v. Washington
Civil Court of the City of New York
1Opinion of the CourtBentley Kassal, J.
Respondent moves to dismiss the petition in this nonpayment summary proceeding on five grounds: (1) the rental agreement is not sufficiently pleaded; (2) the demand for rent is not sufficiently pleaded; (3) the petitioner is not acting in his own name for possession or judgment; (4) the petition is not properly verified; (5) there is no explanation why the petition is not made by a party.(1) SUFFICIENCY OF PLEADING — RENTAL AGREEMENT
The petition states in paragraph 2, that respondent is the tenant "who entered in possession thereof under a rental agreement between respondent and the landlord…
2Cases cited40 opinions
- Reich v. . CochranNew York Court of Appeals · 1911
- Giannini v. StuartAppellate Division of the Supreme Court of the State of New York · 1958
- Rosgro Realty Co. v. BraynenAppellate Terms of the Supreme Court of New York · 1972
- Goldman Bros. v. ForesterCivil Court of the City of New York · 1970
- Johanns v. . FickeNew York Court of Appeals · 1918
35 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Solack Estates, Inc. v. GoodmanAppellate Terms of the Supreme Court of New York · 1979
- Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
- Lana Estates, Inc. v. National Energy Reduction Corp.Civil Court of the City of New York · 1984
- McClelland v. RobinsonCivil Court of the City of New York · 1978
- 269 Associates v. YerkesCivil Court of the City of New York · 1982
8 more not listed; retrieve them via the Exa API.