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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brusco v. Braun, 199 A.D.2d 27 (1993)

Citation
Brusco v. Braun, 199 A.D.2d 27 (1993)
Parent Document
Brusco v. Braun, 199 A.D.2d 27 (1993)
Jurisdiction
New York (state)
Effective Date
1993-12-07

Full Text

364 chars
If the rationale of Park Holding were to be accepted, a nonpayment proceeding would be treated no differently from any other summary proceeding to recover possession of real property. RPAPL 732 would then be rendered mere surplus-age, a result which is unacceptable (see, Sanders v Winship, 57 NY2d 391, 396; McKinney’s Cons Laws of NY, Book 1, Statutes § 98 [a]).