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TOMPKINS PARK v. BOZ BOZ II

Supreme Court, Appellate Term First Department
Jul 15, 1998
177 Misc. 2d 949 (N.Y. App. Term 1998)

Opinion

July 15, 1998

Appeal from the Civil Court of the City of New York, New York County (Doris Ling-Cohan, J.).

Borah, Goldstein, Altschuler Schwartz, P.C., New York City ( Paul N. Gruber of counsel), for appellant.


Order dated November 12, 1997 reversed, with $10 costs, tenant's motion to dismiss the nonpayment petition is denied, and the matter is remanded to the Civil Court for further proceedings.

The business nonpayment petition stated landlord's interest in the premises; stated tenant's interest and its relationship to landlord under a written rental agreement; accurately described the premises sought to be recovered; and set forth the amounts of the arrearages and periods for which they were due. In such form the petition complied with the pleading requirements of RPAPL 741, and should not have been dismissed because it failed to state the date or terms of the parties' lease. This is not a case where there are material misrepresentations in the petition as to the ownership or regulatory status of the property ( cf., MSG Pomp Corp. v. Doe, 185 A.D.2d 798). While petitions in summary-proceedings must set forth sufficient facts so that the respondent may adequately frame a defense, judicial engraftment of "hypercritical restrictions" is disapproved ( Reich v. Cochran, 201 N.Y. 450, 455).

PARNESS, P. J., FREEDMAN and DAVIS, JJ., concur.


Summaries of

TOMPKINS PARK v. BOZ BOZ II

Supreme Court, Appellate Term First Department
Jul 15, 1998
177 Misc. 2d 949 (N.Y. App. Term 1998)
Case details for

TOMPKINS PARK v. BOZ BOZ II

Case Details

Full title:TOMPKINS PARK — ST. MARKS ASSOCIATES, Appellant, v. BOZ BOZ II…

Court:Supreme Court, Appellate Term First Department

Date published: Jul 15, 1998

Citations

177 Misc. 2d 949 (N.Y. App. Term 1998)
679 N.Y.S.2d 236

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