Legal Opinion
Sandymark Realty Corp. v. Creswell
Civil Court of the City of New York
Decided September 7, 1971PublishedCited by 11 opinions
1Opinion of the CourtMartin B. Stecher, J.
The landlord, ex parte, moves for a final judgment of possession in this nonpayment summary proceeding, the tenant having failed to appear. The motion is denied for failure of the petitioner to verify the petition (Beal Property Actions and Proceedings Law, § 741).
The petitioner describes himself as the attorney for the fee owner (Beal Property Actions and Proceedings Law, § 721, subd. 8) and his “ signature ” is affixed by a rubber stamp (General Construction Law, § 46). In lieu of a verification sworn to before a notary public, the petition purports to be verified by the attorney’s…
2Cases cited2 opinions
- Macri v. St. Agnes Cemetery, Inc.New York Supreme Court · 1965
- Brooklyn City Railroad v. City of New YorkAppellate Terms of the Supreme Court of New York · 1930
3Cited by11 opinions
- Fitzgerald v. WashingtonCivil Court of the City of New York · 1975
- Di's, Inc. v. McKinneySupreme Court of Delaware · 1996
- Vista Surgical Supplies, Inc. v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- Security Pacific National Trust Co. v. CuevasCivil Court of the City of New York · 1998
- 46 Downing Street Corp. v. LorenCivil Court of the City of New York · 1971
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