Palmieri v. Antinozzi

The action is plainly the ordinary common-law action for ejectment and not, as counsel for defendants designates it; a “ summary proceeding ” to recover the possession of land, which is purely statutory. Hence, so much of counsel’s brief as aims to show that the facts do not authorize the relief asked for by the plaintiff, that summary proceedings do not lie for a mere breach of the lessee’s covenant, and that such proceedings cannot be authorized by agreement of the parties to the lease for a case not within the statute, is wholly irrelevant.

The cause of action is predicated of the defendant…