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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Chan v. Adossa, 195 Misc. 2d 590 (2003)

Citation
Chan v. Adossa, 195 Misc. 2d 590 (2003)
Parent Document
Chan v. Adossa, 195 Misc. 2d 590 (2003)
Jurisdiction
New York (state)
Effective Date
2003-02-25

Full Text

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Although there is language in some of our cases which indicates that the lack of a proper MDR statement deprives the court of “subject matter jurisdiction” over a holdover proceeding (Santos v Aquasvivas, supra; Raicovi v Tobin, NYLJ, Oct. 23, 1995, at 29, col 2 [App Term, 2d & 11th Jud Dists]; cf. Mandel v Pitkowsky, 102 Misc 2d 478 [1979], affd 76 AD2d 807 [1st Dept 1980] [where no amendment is sought to include MDR allegations in holdover petition, “proceeding fails”]), it is clear that the requirement that a petition brought pursuant to RPAPL 711 include the MDR allegation was not intended to and cannot affect the jurisdiction of the Civil Court, particularly with respect to holdover proceedings.