Growth Realties, Inc. v. Brown

23 Misc. 2d 918, 206 N.Y.S.2d 365, 1960 N.Y. Misc. LEXIS 3630
Appellate Terms of the Supreme Court of New York·Decided February 10, 1960·Published

Opinion

Per Curiam.

A final order having been granted and an eviction warrant issued after trial, the Municipal Court lost jurisdiction of the parties here (Hanover Bank v. De Koenigsberg, 207 Misc. 1088; Emray Realty Corp. v. Lloyd, 5 Misc 2d. 938). The order to show cause was improperly issued, tenant having failed to proceed pursuant to the provisions of section 1446 of the Civil Practice Act.

The order should be reversed, with $10 costs, and warrant reinstated.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Order reversed, etc.

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Growth Realties, Inc. v. Brown, 23 Misc. 2d 918, 206 N.Y.S.2d 365, 1960 N.Y. Misc. LEXIS 3630 (N.Y. Ct. App. 1960).

23 Misc. 2d 918 (Growth Realties, Inc. v. Brown) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hanover Bank, Landlord v. De Koenigsberg
207 Misc. 1088 (New York Supreme Court, 1954)