From Casetext: Smarter Legal Research

CAL CAL REALTY CORP. v. TAYLOR

Supreme Court, Appellate Term, First Department
Jun 25, 1970
67 Misc. 2d 903 (N.Y. App. Term 1970)

Opinion

June 25, 1970

Appeal from the Civil Court of the City of New York, County of New York, MAURICE WAHL, J.

Marttie Louis Thompson, Stephen Wizner and Michael B. Rosen for appellant.

William Scheinberg for respondent.


Quite apart from the fact that the conduct of the tenant who had been in possession for 10 years, was not so clearly intentional as to bar the relief sought, and that there was a sufficient showing of merit to her defense to require that she be afforded an opportunity to be heard at a trial, the failure of the petition to allege that the landlord had filed a statement of registration as required by section D26-41.21 of the New York City Administrative Code was a jurisdictional defect of which we may take cognizance although not raised in the court below (10 Carmody-Wait 2d, New York Practice, § 70:303). The order denying the motion to vacate the judgment should therefore be reversed and the petition dismissed. The appeal from the judgment should be dismissed since no appeal lies from a default judgment ( Montmarte, Inc. v. Salvation Army, 20 A.D.2d 536).

Concur — LUPIANO, J.P., STREIT and GOLD, JJ.

Order dated March 19, 1970, reversed with $10 costs, motion granted, the final judgment entered March 2, 1970 vacated and petition dismissed without prejudice to the commencement of a new proceeding should the landlord be so advised; appeal from the final judgment dismissed without costs.


Summaries of

CAL CAL REALTY CORP. v. TAYLOR

Supreme Court, Appellate Term, First Department
Jun 25, 1970
67 Misc. 2d 903 (N.Y. App. Term 1970)
Case details for

CAL CAL REALTY CORP. v. TAYLOR

Case Details

Full title:CAL CAL REALTY CORPORATION, Respondent, v. BANNER TAYLOR, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Jun 25, 1970

Citations

67 Misc. 2d 903 (N.Y. App. Term 1970)
325 N.Y.S.2d 781

Citing Cases

Rosgro Realty v. Braynen

Omitting the allegations does not, however, deprive the court of subject matter jurisdiction ( Haacke v.…

Midtown Props. v. Tac-Ole Foods

( Hotel Martha Washington Management Co. v. Swinick, 65 Misc.2d 1040.) Significantly, implicit in the court's…