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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

668 chars
It appears from the record before us that it is the practice of respondent Civil Court Judge to hold an inquest in every instance where application is made for entry of judgment by *29default in a residential nonpayment proceeding. In his affidavit in support of the petition for a writ in the nature of mandamus, counsel for petitioner contends that the court does not have discretion to conduct an inquest where a tenant defaults in answer to a nonpayment proceeding subject to the provisions of RPAPL 732. In answer to the petition, respondents assert only the affirmative defense that the petition fails to state a cause of action upon which relief may be granted.