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Cappel v. London

Cappel v. London, 113 N.Y.S. 2 (1908)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
November 24, 1908
Citations
113 N.Y.S. 2
Disposition
Order reversed.
Cited by 5
Headnotes
Landlord and Tenant (§ 303*)—Recovery of Possession—Summary Proceedings—Petition—Sufficiency. Under Code Civ. Proc. § 2235, permitting a landlord, etc., to make application for the removal of one from real property by summary proceedings, and requiring the petition to describe petitioner’s interest therein, a petition describing petitioner’s interest as that of “landlord” was insufficient. [Ed. Note.—For other cases, see Landlord and Tenant, Dec. Dig. § 303.*]
Summary
Appeal from Municipal Court, Borough of Manhattan, Second District. Summary proceedings for possession of property by Peter P. Cappel against Meyer London.' From a final order for petitioner, defendant appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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PER CURIAM.

The petition herein was defective and the court below without jurisdiction, in that the petitioner’s interest is stated as *3 being that of “landlord,” and not within the requirements of section 2235 of the Code of Civil Procedure. Engel, Heller & Co. v. Elias Brewing Co., 37 Misc. Rep. 480, 482 , 75 N. Y. Supp. 1080 . Objection thereto and therefor was raised before the court below, and is urged here as a ground for the reversal of the final order upon which the possession of the premises, No. 12 Bayard street, this city, was awarded in this summary proceeding. The order must therefore be reversed.

Einal order reversed, with costs to the appellant.

How later courts describe this case

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Cited by 5 cases

View all citing references →
1955: 11960: 21964: 11967: 119552026peak 1960 · 2

Relies on it most ⓘ

  1. Johnson v. Christ Hospital202 A.2d 874 (N.J. Super. Ct. App. Div. 1964)
  2. Wojcik v. Pollock235 A.2d 58 (N.J. Super. Ct. App. Div. 1967)
  3. Strawbridge v. Strawbridge113 A.2d 199 (N.J. Super. Ct. App. Div. 1955)
  4. In re Central Home Trust Co.160 A.2d 186 (N.J. Super. Ct. App. Div. 1960)
  5. Della Vecchia v. World Scope Publishing Co.165 A.2d 872 (N.J. Super. Ct. App. Div. 1960)

Most recent

  1. Wojcik v. Pollock235 A.2d 58 (N.J. Super. Ct. App. Div. 1967)
  2. Johnson v. Christ Hospital202 A.2d 874 (N.J. Super. Ct. App. Div. 1964)
  3. Della Vecchia v. World Scope Publishing Co.165 A.2d 872 (N.J. Super. Ct. App. Div. 1960)
  4. In re Central Home Trust Co.160 A.2d 186 (N.J. Super. Ct. App. Div. 1960)
  5. Strawbridge v. Strawbridge113 A.2d 199 (N.J. Super. Ct. App. Div. 1955)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Engel, Heller Co. v. Henry Elms. Brewing Co., 37 Misc. 480 (1902) 5

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