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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction
New York (state)
Effective Date
2004-06-29

Other Sections in This Document (76)

Full Text

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Respondent also argues that the petition’s description of the apartment is improper. This argument, if true, would require dismissal in a New York holdover proceeding because a “petition must provide a specific enough description of the premises occupied by respondent to allow the marshal when executing the warrant of eviction to locate the premises without additional information.” (272 Sherman, LLC v Vasquez, 4 Misc 3d 370, 372 [Hous Part, Civ Ct, NY County 2004].) Paragraph eight of the petition describes the apartment as “[a]ll rooms, First (1st) Floor, Apartment LC in the building.” Respondent alleges that the premises is a “triplex apartment, with a private outdoor garden.” (Respondent’s affidavit in support of cross motion 1i 8.)