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107 Misc. 2d 470; 435 N.Y.S.2d 449; 1980 N.Y. Misc. LEXIS 2877

Citation
107 Misc. 2d 470; 435 N.Y.S.2d 449; 1980 N.Y. Misc. LEXIS 2877
Jurisdiction
New York (state)
Source verification
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Full Text

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OPINION OF THE COURT
Jay Stuart Dankberg, J.

How summary should a summary proceeding be? Too summary to permit an impleader?

In this nonpayment summary proceeding, respondent tenant, acting pro se, moves by order to show cause to implead the New York City Department of Environmental Protection (EPD). Petitioner landlord, by letter dated July 17, 1980, responds by stating that it “welcomes * * * inspection of the apartment” by “representatives of the Environmental Protection” Department.

The EPD Office of General Counsel, served with the order to show cause, defaulted on the return date. After being contacted concerning their default, an EPD attorney appeared the next day. Although no papers were *471submitted either to vacate their default or oppose or consent to the application, he did orally argue that the court had no jurisdiction to thus implead the EPD. A brief decision was then placed on the record and it was stated that a more detailed decision would be forthcoming. This is such written decision.