Matthews v. Marcus Garvey Brownstone Houses Inc.

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

In this proceeding commenced under article 7-A of the Real Property Actions and Proceedings Law for the appointment of an administrator, the court properly granted respondents’ motion to dismiss the petition, without prejudice, on the ground that a proper notice to the nonpetitioning tenants had not been given (RPAPL 771 [6]).

At least one third of the tenants in this housing complex joined as petitioners seeking the appointment of an administrator (see, RPAPL 770 [1]). Section 771 (6) of the RPAPL provides that “Notice of…