Legal Opinion
Singer v. Bermudez
Civil Court of the City of New York
Decided February 1, 1983PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The principal issue raised on this motion to dismiss is whether a person claiming to be a mortgagee in possession can institute a summary proceeding.
The petition herein alleges that petitioner “is the landlord and owner” of the premises sought to be recovered. However, in answering papers he seeks to amend to allege that he is the mortgagee in possession.
The modern viewpoint is (1) to liberally permit amendments in summary proceedings to correct “errors, omissions, irregularities, mistakes, or defects of form” so long as they “do not substantially…
2Cases cited6 opinions
- Frances B. v. Mark B.New York Supreme Court · 1974
- 1550 Broadway Associates v. El-Pine Drinks, Inc.Civil Court of the City of New York · 1978
- Lawyers Title & Guaranty Co. v. TausigCity of New York Municipal Court · 1933
- Goodnow v. PopeAppellate Terms of the Supreme Court of New York · 1900
- Simone v. Long Island Jewish Hillside Medical CenterNew York Supreme Court · 1975
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Suderov v. OgleAppellate Terms of the Supreme Court of New York · 1991