Luann Barberio, Petitioner, v. Ed Judson, Respondent (2022)

Parties, Claim, Trial

Petitioner filed the instant nonpayment summary proceeding on October 31, 2022, seeking possession of the property located at 117 W. Orchard Street, Frankfort, New York 13340.

Facts

This Court takes judicial notice that the property in question is not within the city limits of Little Falls, but rather in the Town of Frankfort, County of Herkimer, State of New York.

Law

The Uniform City Court Act section 203, subsection (a) provides "[t]he court shall have jurisdiction of the following actions provided that the real property involved is located in whole or in part within the city: [8] Actions and proceedings under article 7-A of the real property actions and proceedings law, and all summary proceedings to recover possession of residential premises to remove tenants therefrom, and to render judgment for rent due, including without limitation those cases in which a tenant alleges a defense under § 755 of the real property actions and proceedings law, relating to stay of proceedings or action for rent upon failure to make repairs and § 302-a of the multiple dwelling law, as applicable, relating to the abatement of rent in case of certain violations of local housing codes."

Discussion

The city courts have countywide jurisdiction on defendants with respect to small claims, small civil claims, and small commercial claims; however, with respect to landlord-tenant matters, the city courts have jurisdiction only on those matters involving property within the city limits. In this case, it is clear that the instant petition has been filed with the wrong court. Therefore, the Court on its own motion has determined that the matter should be dismissed.

Order

Therefore, it is hereby ORDERED:

1. The petition is hereby dismissed with prejudice.

This is the Decision and Order of the Court.

Dated: Little Falls, New York

November 3, 2022

____________________________________

Joshua P. Bannister

City Court Judge

Joshua P. Bannister, J.