Legal Opinion
Magier v. Joy
New York Supreme Court
Decided September 8, 1980PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Bentley Kassal, J.
Is the tenant a necessary party in a CPLR article 78 proceeding which seeks an order authorizing his eviction? Since neither party herein, the landlord or the city rent control office has served the tenant, I am considering this issue sua sponte.
FACTS
The facts with respect to the above issue are relatively simple. In June, 1979, the landlord applied to the Office of Rent Control of the City of New York for a certificate of eviction to gain possession of a rent-controlled apartment, occupied for 35 years by the 74-year-old tenant. The tenant submitted a…
2Cases cited6 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Chatsworth 72nd Street Corp. v. RigaiNew York Court of Appeals · 1975
- Chatsworth 72nd Street Corp. v. RigaiAppellate Division of the Supreme Court of the State of New York · 1973
- Chatsworth 72nd Street Corp. v. RigaiAppellate Terms of the Supreme Court of New York · 1973
- Chatsworth 72nd Street Corp. v. RigaiCivil Court of the City of New York · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Notre Dame Leasing Ltd. Partnership v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2005
- Wood v. Metropolitan Hotel Industry Stabilization Ass'nNew York Supreme Court · 1982