Minsky v. Weller
New York Supreme Court
Appeal by the landlords from a judgment in favor of the tenants, rendered in a summary proceeding in the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the CourtGoff, J.
At the threshold there is presented the question : Does the petition state facts sufficient to warrant the Municipal Court’s assuming jurisdiction % It is now firmly established by the law, as an inflexible rule, that, as a prerequisite to the exercise of jurisdiction in summary proceedings, every requirement of the statute must be strictly observed. Nothing can be taken by implication, but every essential must be affirmatively alleged. The statute under *245which petitioner proceeded is known as the Labor Law. Section 94, as amended by chapter 426 of the Laws of 1908, contains this language: “…
2Cited by2 opinions
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
- Village of Woodridge v. Proyect, New York County Courts1959