98 Misc. 2d 642 | N.Y. City Civ. Ct. | 1979
OPINION OF THE COURT
On December 21, 1978, oral argument was heard on tenants’ oral motions to dismiss the petitions in these commercial summary proceedings on grounds that as a result of an in rem foreclosure proceeding in Bronx Supreme Court petitioner has lost the right to possession of the premises.
These three proceedings were commenced in this court on November 22, 1978 to recover rent arrears and possession of individual store premises in the building at 401 East 163rd Street, Bronx, New York. Answers have been interposed in each proceeding, alleging (1) lack of lawful service of process, (2) improper party defendant, (3) violations, (4) breach of lease, (5) lack of heat, (6) lack of elevator service, (7) lack of hot water, (8) leaking pipes and (9) broken and open sewer line.
The in rem action (Bronx Supreme Ct, index No. 4000-77) was brought pursuant to chapter 17 of the Administrative