'Squatters' Entitled to 30-Day Notice From City.At issue in this squatter proceeding was whether occupants were tenants at will or at sufferance entitled to a 30-day notice. They had made substantial improvements to the house. The Housing Court had granted summary judgment summary judgment n. a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled, and therefore need not be tried. to the City and awarded it possession. The instant court now reversed the judgment and granted summary judgment in favor of the occupants dismissing the petition. It held that they were tenants at will and that the City's failure to serve the required 30-day notice mandated dismissal. The occupancy was at all relevant times subordinate to the interest of the City, as the occupants had acknowledged the City's title. The City, after bringing an unsuccessful 1989 squatter proceeding and after unsuccessfully seeking a writ of assistance from the Supreme Court in 1990, had allowed the occupants to remain for an indefinite term. LAW JOURNAL |
|
||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion