Mohar Realty Company v. Smith

Full title: MOHAR REALTY COMPANY, Appellant, v. HERMAN SMITH et al., Respondents

Court: Supreme Court, Appellate Term, Second Department

Date published: Jun 9, 1965

46 Misc. 2d 849 (N.Y. App. Term 1965)

260 N.Y.S.2d 685

Opinion

June 9, 1965

Appeal from the District Court of the County of Suffolk, Third District, FRANK P. DE LUCA, J.

Moses Krivis for appellant.

Donald R. Maxwell for respondents.

Per Curiam.

It was error to dismiss the petition for lack of jurisdiction of the subject matter. The Suffolk County District Court has jurisdiction to entertain a summary proceeding to recover possession of property instituted by one claiming title through a tax deed. (Real Property Actions and Proceedings Law, § 701, subd. 1; § 713, subd. 4; UDCA, §§ 201, 204.) The issue of title, raised as a defense, does not have the effect of divesting the court of jurisdiction. ( Hoffman v. Hoffman, 212 App. Div. 531.)

The judgment should be unanimously reversed and a new trial ordered, with $30 costs to petitioner to abide the event.

Concur — McDONALD, SCHWARTZWALD and GROAT, JJ.

Judgment reversed, etc.