Before enactment of the Housing Court Act (L 1972, ch 982, creating CCA, § 110), the general rule has been that third-party practice was held not applicable to summary proceedings. Attempted impleader was routinely rejected, with most such cases citing Edaviel Corp. v Boykin (205 Misc 622) (see, also, unreported cases cited in Rothbaum v Ebel, 77 Misc 2d 965, at p 967 [Nusbaum, J.]; cf. Sessa v Blakney, 71 Misc 2d 432, and Blackman v Walker, 65 Misc 2d 138).
In Edaviel Corp., the Appellate Term held (p 622) that “[t]here is no provision in the summary statute for third-party practice.” That statute was section 1425 of the Civil Practice Act, which provided that “the court, upon rendering a final order, may determine the amount of rent due to the petitioner and give judgment for the amount found to be due.”
Normally, in 1980, civil practice in summary proceedings is governed by various sections of the CPLR, RPAPL, CCA, and Rules of the Civil Court of the City of New York (22 NYCRR 2900). Edaviel Corp. v Boykin (supra) was decided before the enactment of the CPLR and RPAPL and before the creation of the Civil Court and the Housing Part thereof.