78 Misc. 2d 610 | N.Y. App. Term. | 1974
Memorandum. Order and final judgment affirmed, without costs.
Tenant in this summary nonpayment proceeding appeals from a final judgment of possession in favor of the landlord, and from an order denying her motion to vacate such judgment. Upon appeal, the tenant maintains that the court lacked jurisdiction over the subject matter of the proceeding because of a defect in the caption; that she was not advised by the court of her right to counsel; and that the Marshal did not allow a sufficient time to elapse before evicting her.
Upon due consideration we decline to follow those decisions which indicate that a defect in the caption naming the parties is necessarily jurisdictional (see 300 West Realty Co. v. Wood, 69 Misc 2d 580, affd. 69 Misc 2d 582). It has long been held that the requirements of the Real Property Actions and Proceedings Law, which govern the statutory remedy of summary proceed
While tenant’s «argument that the Marshal evicted the tenant in violation of the regulations promulgated by the New York City Commissioner of Investigations may give rise to an action against the Marshal for damages and/or disciplinary proceedings, his actions do not affect the validity of the judgment herein involved.
Finally, it is noted that the tenant did not demonstrate that the failure of the court below to inform her of the right to counsel constituted error.
Concur — Schwartzwald, P. J., Cone and Pino, JJ.