McPherson v. C. U. L. Realty Corp.

Appellate Division of the Supreme Court of New York

McPherson v. C. U. L. Realty Corp.

270 A.D. 1, 58 N.Y.S.2d 123

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 2, 1945

StatusPublished

Cited by241 cases

This text of 270 A.D. 1 (McPherson v. C. U. L. Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McPherson v. C. U. L. Realty Corp., 270 A.D. 1, 58 N.Y.S.2d 123 (N.Y. Ct. App. 1945).

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Opinion

Per Curiam.

The summary proceeding instituted in the Municipal Court to remove plaintiff from defendant’s premises, after a full trial, resulted in a final order for her removal, from which order no appeal was taken. A warrant issued pursuant to the final order was duly executed and plaintiff was dispossessed. The tenant could not thereafter maintain a suit in equity for a judgment directing defendant to deliver possession of the premises to her. l The law is well settled that where a party has a full and adequate remedy at law which, through neglect, is not pursued, equity will afford no relief. (Schroeppell v. Shaw, 3 N. Y. 446, 452; Woods v. Garcewich, 67 App. Div. 53, 57; Lansing v. Eddy, 1 Johns. Ch. 49, 50; Roberts v. Mathews, 18 Abb. Prac. 199, 201.)

The judgment should accordingly be reversed, with costs, and the complaint dismissed, with .costs.

Martin, P. J., Dore, Cohn, Callahan and Wasservogel, JJ. concur.

Judgment unanimously reversed, with costs, and the complaint dismissed, with costs. Settle order on notice. [See 269 App. Div. 983.]

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Per Curiam.

The summary proceeding instituted in the Municipal Court to remove plaintiff from defendant’s premises, after a full trial, resulted in a final order for her removal, from which order no appeal was taken. A warrant issued pursuant to the final order was duly executed and plaintiff was dispossessed. The tenant could not thereafter maintain a suit in equity for a judgment directing defendant to deliver possession of the premises to her. l The law is well settled that where a party has a full and adequate remedy at law which, through neglect, is not pursued, equity will afford no relief. (Schroeppell v. Shaw, 3 N. Y. 446, 452; Woods v. Garcewich, 67 App. Div. 53, 57; Lansing v. Eddy, 1 Johns. Ch. 49, 50; Roberts v. Mathews, 18 Abb. Prac. 199, 201.)

The judgment should accordingly be reversed, with costs, and the complaint dismissed, with .costs.

Martin, P. J., Dore, Cohn, Callahan and Wasservogel, JJ. concur.

Judgment unanimously reversed, with costs, and the complaint dismissed, with costs. Settle order on notice. [See 269 App. Div. 983.]

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270 A.D. 1, 58 N.Y.S.2d 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcpherson-v-c-u-l-realty-corp-nyappdiv-1945.

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