Portnow v. La Rosa — 190 Misc. 695

Majority

p. 695

Hyman Portnow, Landlord, Appellant, v. “ Frank ” La Rosa et al., Tenants, Respondents.

Supreme Court, Appellate Term, Second Department,

January 14, 1948.

Moses Block for appellant.

Anthony W. Fiero for respondents.

Memorandum The petition is defective inasmuch as it describes the petitioner as the owner in fee of the premises when admittedly he is a co-owner. Section 1415 of the Civil Practice Act requires that he and his co-owner should join in the petition and state their interests in the premises. (Lucchesi v. Johnson, N. Y. L. J., Dec. 14, 1946, p. 1749, col. 6.)

p. 696

The final order should be unanimously modified on the law by inserting a provision that the dismissal of the proceeding was without prejudice, and, as so modified, the final order should be affirmed, without costs.

MacCrate, Steinbrink and Fennelly, JJ., concur.

Ordered accordingly.