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LIBERTY PLACE HOLDING CORPORATION v. SCHWOB
Supreme Court, Appellate Term, First Department.
Apr 4, 1930
PER CURIAM.
Summary proceedings are entirely statutory ( Handshke v. Loysen, 203 A.D. 21, 22; Maneely v. Mayers, 43 Misc. 380, 383), and the statute (Civ. Prac. Act, ยงยง 1410-1447) contains no provision for bringing in as a party to such a proceeding by supplemental summons the lessee's indemnitor and the awarding of damages in favor of the lessee against the lessee's assignee and the indemnitor. Section 193 of the Civil Practice Act is not applicable to summary proceedings.
Order reversed, motion granted, and judgment vacated.
All concur; present, LYDON, CALLAHAN and PETERS, JJ.
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