Growth Realties, Inc. v. Brown

Appellate Terms of the Supreme Court of New York

Growth Realties, Inc. v. Brown

23 Misc. 2d 918, 206 N.Y.S.2d 365, 1960 N.Y. Misc. LEXIS 3630

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 10, 1960

StatusPublished

This text of 23 Misc. 2d 918 (Growth Realties, Inc. v. Brown) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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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