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

71 Misc. 2d 302 | N.Y. App. Term. | 1972

Per Guriam.

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 j), 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., Qmrrn and G-old, JJ.

Order reversed, etc.