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
Original Source: https://www.courtlistener.com/opinion/6103695/brusco-v-braun/ ↗

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The record in the matter under review reveals no defect in the supporting papers. The petition was personally verified by the owner, and the pleadings were personally served upon respondent-tenant by counsel for petitioner. Petitioner, in her brief, notes that even in the event that the underlying pleadings were insufficient to support entry of judgment on default, any omission could be cured by submission of additional affidavits, rendering unnecessary personal appearance to give testimony before the court at inquest. Petitioner is entirely correct. The standards governing motions for summary judgment are applicable to special proceedings generally (Matter of Port of N. Y. Auth. [62 Cortlandt St. Realty Co.], 18 NY2d 250, 255, cert denied sub nom. McInnes v Port of N. Y. Auth., *32385 US 1006), of which the summary proceeding to recover possession of real property is a species. The court is required to make a summary determination "upon the pleadings, papers and admissions” (CPLR 409 [b]).

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