ment under which the same is sought to be recovered is oppressive [,and if such defense be interposed, then the petitioner within five days after the filing of the answer or within such time as the court, judge or justice upon good cause shown may determine shall file with the clerk of the court a verified bill of particulars setting forth the gross income derived from the building of which the premises in question are the whole or a part; the number of apartments in the building and the number of rooms in each apartment; and the number of stores in such building; the rent received for each such apartment or store for the period of one year last past; the consideration paid by the landlord for the building, if he be the owner thereof, or if he be a lessee the rent agreed to be paid by him; the assessed valuation of the property and the taxes for the current year; the annual interest charge on any incumbrance paid by the landlord; the operating expenses with reasonable detail; and such other facts as the landlord claims affect his net income from such property. Issue shall not be deemed joined until the filing of such bill of particulars. Upon the petitioner's failure to file said bill of particulars within the time limited, the court, judge or justice upon motion of the defendant shall dismiss the proceeding]. All the provisions of chapter one hundred and thirty-six of the laws of nineteen hundred and twenty, as amended, shall apply to a proceeding brought under this subdivision so far as applicable and not in conflict with the provisions of this subdivision and other provisions of statute governing summary proceedings to recover the possession of real property. This subdivision shall not apply to a room or rooms in a hotel containing one hundred and twenty-five rooms or more, or a lodging house, or rooming house, occupied under a hiring of a week or less. This subdivision as amended shall not apply to a new building in course of construction on September twenty-seventh, nineteen hundred and twenty, or commenced thereafter and shall be in effect only until the first day of November, nineteen hundred and twenty-two. § 2. This act shall take effect October first, nineteen hundred and twenty-one, APPENDIX C The Civil Practice Act ARTICLE 83 SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL PROPERTY Foreword by the Authors 4 The sections of this article, substantially in their present form, were contained in the Code of Civil Procedure under Title II of Chapter 17 and were known as sections 2231 to 2265-a inclusive. When the Civil Practice Act was passed in 1920 1 the Code of Civil Procedure was repealed,2 the repeal being effective April 15, 1921.3 The provisions of the Code relating to summary proceedings were incorporated in the Justice Court Act and were designated Article 17, sections 379 to 415, inclusive. The above Article 83 was added to the Civil Practice Act by Laws of 1921, Chapter 199, section 15. This same statute 5 postponed the operative effect of the Civil Practice Act from April 15, 1921, to October 1, 1921, by an amendment to section 1578 54 of the Civil Practice Act. The provisions relating to this subject in the Justice Court Act were repealed. The above Article 83 of the Civil Practice Act contains the provisions relating to the practice and procedure on the subject of 1 Chapter 925 of the Laws of 1920. * Section 1540 of Chapter 925. Section 1539 of Chapter 925. Renumbered. Formerly sec. 1540. summary proceedings to recover possession of real property with all amendments incorporated up to the time of the passage of Chapter 199 of the Laws of 1921.7 One change was made even in that law by the Legislature of 1921. It amended subdivision 2a of section 1410 of the Civil Practice Act by Chapter 371 of the Laws of 1921. That amendment is incorporated in the copy of article 83 here printed. The following article as printed, is, therefore, complete as the law stands at the close of the legislative session of 1921. Section 1410. When tenant may be removed. 1411. Additional cases in which tenants and others may be removed. 1412. In case of forcible entry or detainer. 1413. Application; to whom made. 1414. Application; by whom made. 1415. Contents of petition. 1416. Notice to be given in certain cases. 1417. Petition by neighbor of bawdy-house or apartment. 1418. Precept; contents. 1419. Precept; return. 1420. Precept; in New York City. 1421. Precept; how served. 1422. Duty of person to whom copy of precept is delivered. 1423. When precept to be served on landlord of bawdyhouse or apartment. 1424. Proof of service of precept. 1425. Answer. 1425. Issues upon forcible entry or detainer. 1427. In New York municipal court cause may be transferred to another court for trial. 1428. Trial. 1429. Adjournment. 1430. Final order upon trial. 1431. Amount of costs; how collected. 7 April 14, 1921. 1432. Warrant to dispossess defendant. 1433. Execution of warrant. 1434. When warrant cancels lease; exceptions. 1435. Stay. 1436. Undertaking; how disposed of. 1437. Redemption by lessee. 1438. Redemption by creditor of lessee. 1439. Effect of redemption upon lease. 1440. Order to be made thereon; liability of persons redeeming. 1441. Appeal. 1442. Effect of appeal limited in certain cases. 1443. Warrants; how stayed, on appeal. 1444. Appellate court may award restitution; action for damages. 1445. Application of article; effect of final order. 1446. How proceedings under this article may be stayed. 1447. Stay and vacation of warrant 8 upon default. § 1410.9 When tenant may be removed. In either of the following cases, a tenant or lessee at will, or at sufferance, or for part of a year, or for one or more years, of real property, including a specific or undivided portion of a house or other dwelling, and his assigns, undertenants or legal representatives, may be removed therefrom, as prescribed in this article: 1. When he holds over and continues in possession of the demised premises or any portion thereof after the expiration of his term without the permission of the landlord, including, elsewhere than in the city of New York, a case where the person to be removed became the occupant of the premises as a servant or employee and the relation of master and servant or employer and employee has been lawfully terminated or the time fixed for such occupancy by the agreement between the parties has expired; but 8 So in original (word "issued" omitted). This section is the same as Code of Civil Procedure, § 2231, with the amendment contained in Chapter 371 of the Laws of 1921 added. |