Legal Opinion

La Monica v. Krauss

City of New York Municipal Court

Decided January 28, 1948PublishedCited by 5 opinions

1Opinion of the CourtMorris, J.

The tenant appeared specially and moved to dismiss the petition on the ground that section 232-a of the Beal Property Law provides that a thirty-day notice in the city of New York must be served “ in the same manner in which a precept in summary proceedings is now allowed to be served by law ” and that in view of the provision of subdivision l .of section 22 of the New York City Municipal Court Code (L. 1915, ch. 279), that a precept cannot be served by a party to the action and that the landlord in this case having served a thirty days’ notice, that the service is improper and the petition,…

2Cases cited4 opinions

  1. Wilder's S. S. Co. v. LowCourt of Appeals for the Ninth Circuit · 1901
  2. Phillips v. County CommissionersMassachusetts Supreme Judicial Court · 1877
  3. In re the Summary Proceeding Brought by the Stuyvensant Real Estate Co.Appellate Terms of the Supreme Court of New York · 1903
  4. In re the Estate of DesotelleNew York Surrogate's Court · 1932

3Cited by5 opinions

  1. Szoboszlay v. GlessnerSupreme Court of Kansas · 1983
  2. Schultz v. RuizSupreme Court of Minnesota · 1968
  3. Zamar v. FairCivil Court of the City of New York · 1991
  4. In re Conquistador Cia. Naviera, S. A.District Court, S.D. New York · 1958
  5. Sullivan v. WilsonNew York Supreme Court · 1953

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