34 7 Realopp Corp. v. Seafood City, Inc.

Full title: 34 7 REALOPP CORP., Appellant, v. SEAFOOD CITY, INC., Respondent

Court: Supreme Court, Appellate Term, First Department

Date published: May 22, 1972

71 Misc. 2d 302 (N.Y. App. Term 1972)

335 N.Y.S.2d 940

Opinion

May 22, 1972

Appeal from the Civil Court of the City of New York, County of New York, IRVING YOUNGER, J.

Gubman Sitomer ( Joseph G. Gubman and Robert I. Edlitz of counsel), for appellant.

Carb, Luria, Glassner, Cook Kufeld ( Bernard B. Sumliner of counsel), for respondent.

Per Curiam.

The failure to allege in the petition that "the premises are not a multiple dwelling" as required by the New York City Civil Court Rules (22 NYCRR 2900.21 [f]), is a defect which can be amended by motion at any time before conclusion of the trial ( Rosgro Realty Co. v. Braynen, 70 Misc.2d 808; Presta v. Circle Studios, N.Y.L.J., April 7, 1972, p. 2, col. 5).

The other objections raised as to jurisdiction have no merit.

The order should be reversed with $10 costs, and motion to dismiss the petition should be denied, matter remitted to the court below for trial of the traverse.

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

Order reversed, etc.