353 Realty Corp. v. Disla

Time changes all things.

Approximately^ one year ago, this court held that a petition in a summary proceeding, containing an allegation that the premises were not subject to rent control by reason of "vacancy decontrol”, satisfied the requirement of subdivision 4 of section 741 of the Real Property Actions and Proceedings Law (RPAPL), in that it did "state the facts upon which the special proceeding is based.” (Feuerbach v Yanes, 76 Misc 2d 979.)

It was further determined that such an allegation satisfied the principles established by the Appellate Division in Giannini v Stuart (6 AD2d 418)…