Blumenfeld v. Aronson

Appellate Division of the Supreme Court of New York

Blumenfeld v. Aronson

192 A.D. 951

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1920·Published

Opinion

Upon the facts presented in this record, the order is modified by incorporating a provision that it is granted upon condition that the plaintiff stipulate to go to trial on two days’ notice before the court at Special Term or a referee to be appointed by the court at Special Term, and as so modified affirmed, without costs. Present— Clarke, P. J., Laughlin [952]*952Dowling, Page and Merrell, JJ; Page, J., dissenting on the ground that, in his opinion, the injunction is unnecessary, as the tenant could defend any summary proceeding upon the facts stated in the application.

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Upon the facts presented in this record, the order is modified by incorporating a provision that it is granted upon condition that the plaintiff stipulate to go to trial on two days’ notice before the court at Special Term or a referee to be appointed by the court at Special Term, and as so modified affirmed, without costs. Present— Clarke, P. J., Laughlin [952]*952Dowling, Page and Merrell, JJ; Page, J., dissenting on the ground that, in his opinion, the injunction is unnecessary, as the tenant could defend any summary proceeding upon the facts stated in the application.

Blumenfeld v. Aronson, 192 A.D. 951 (N.Y. Ct. App. 1920).

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