124 Misc. 226 | City of New York Municipal Court | 1924
On the return day of the precept the tenant filed a special notice of appearance and moved to dismiss the proceeding on several grounds: (1) That the court did not acquire jurisdiction of the person or of the subject-matter of the proceeding because the petition did not comply with sections 1415 and 1418 of the Civil Practice Act; (2) that the copy of the petition served upon the tenant did not contain the signature or verification of the petitioner; (3) that the copy of the precept served did not bear a copy of the signature of the clerk of the court; (4) that the petition shows two leases of different premises, and for that reason the court has no jurisdiction. On the argument of the motion counsel for the tenant submitted a copy of the petition and precept served upon the tenant. The copy of the precept is addressed to the tenant and states at the end thereof as follows: “ Clerk of said court,” without showing a copy of the signature of the clerk of me court. The petition submitted on the argument reads as follows: “ Marmac Building & Holding Corporation, by - President.” The copy of the petition does not contain any date. h?he verification of the copy petition does not contain the signature bf the affiant and is also undated. It is apparent from an inspection bf the copy of the precept served upon the tenant that it did not comply with the provisions of the Civil Practice Act relating to luminary proceedings. Section 1415 requires that the applicant ■mist present to the justice a written petition verified in like manner