63 Misc. 244 | N.Y. Sup. Ct. | 1909
At the threshold there is presented the question : Does the petition state facts sufficient to warrant the Municipal Court’s assuming jurisdiction % It is now firmly established by the law, as an inflexible rule, that, as a prerequisite to the exercise of jurisdiction in summary proceedings, every requirement of the statute must be strictly observed. Nothing can be taken by implication, but every essential must be affirmatively alleged. The statute under
The petition is fatally defective; and the judgment of the Municipal Court should be affirmed, with costs to respondents.
Gildersleeve and Dayton, JJ, concur.
Judgment affirmed, with costs to respondents.