Sheldon Terrace, Inc. v. Schneider

Appellate Terms of the Supreme Court of New York

Sheldon Terrace, Inc. v. Schneider

18 Misc. 2d 456, 193 N.Y.S.2d 484, 1959 N.Y. Misc. LEXIS 3470

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 16, 1959

StatusPublished

Cited by6 cases

This text of 18 Misc. 2d 456 (Sheldon Terrace, Inc. v. Schneider) 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

Sheldon Terrace, Inc. v. Schneider, 18 Misc. 2d 456, 193 N.Y.S.2d 484, 1959 N.Y. Misc. LEXIS 3470 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The agreed statement of facts was inadequate to permit of a disposition of the issues tendered for litigation. Since it appears without dispute that the tenants were in possession at the time of the institution of this summary proceeding, their subsequent voluntary removal during its pendency did not have the effect of depriving the court of jurisdiction. (Carnegie Hill Realties Securities v. Surowitz, 150 N. Y. S. 2d 850; Four Forty-one Holding Corp. v. Bloom, 148 Misc. 565.)

The final order should be unanimously reversed upon the law and facts and a new trial granted, with $30 costs on this appeal to abide the event.

Concur — Pette, Hart and Brown, JJ.

Pinal order reversed, etc.

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