Atlantic Westerly v. I.G.M.P. Management Inc.
April 26, 2010
(Civ. Ct. N.Y. Cty. 3/31/04)
Court granted Respondent’s motion for an order dismissing the petition for lack of subject matter jurisdiction based upon landlord’s incorrect description of the premises. Landlord described the Premises as store #10 in both the Rent Demand and Petition. In fact, in the lease between the parties, the correct store number is #9. The Court held that an accurate description of the premises is so fundamental to a summary proceeding that a defect will deprive the court of jurisdiction. Link to Full Text of Decision
