| University Towers Assoc. v Wotherspoon |
| 2007 NY Slip Op 50350(U) [14 Misc 3d 141(A)] |
| Decided on February 14, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), entered May 24, 2005. The order denied tenants' motion seeking, inter alia, to be restored to possession.
Order affirmed without costs.
In this holdover proceeding, tenants appeal from an order which denied their motion seeking, inter alia, to be restored to possession. Tenants contend that the petition is jurisdictionally defective because it did not state that tenants were non-purchasing tenants within the meaning of General Business Law § 352-eeee. However, the absence of such an allegation does not render the petition jurisdictionally defective
or deprive the court of subject matter jurisdiction within the meaning of CPLR 5015 (a) (4) (see Lacks v Lacks, 41 NY2d 71, 74-77 [1976]; Villas of Forest Hills Co. v Lumberger, 128 AD2d 701 [1987]; Paikoff v Harris, 185 Misc 2d 372 [App Term, 2d & 11th Jud Dists 1999]; see also Woodlaurel v Wittman, 163 AD2d 383 [1990]). Moreover, tenants were fully aware of their status and were not prejudiced by the omission.
We have examined tenants' other contentions and find them equally without merit. In view of the foregoing, the order is affirmed.
Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: February 14, 2007