Opinion
No. 13100006.
2013-10-28
MORGAN WEBSTER MANOR, LLC, Petitioner, v. Nicole McCANN, Respondent.
Real Property Actions and Proceedings Law Section 711 requires that in order for a Summary Proceeding action to lie, the respondent must be in possession of the premises at the time of commencement of the action. In this case the evidence is overwhelming that the respondent had not resided in the apartment in question for approximately six weeks at the time the action was commenced. As a result, the petition herein is dismissed. This constitutes the decision and order of this court.