Stengel v. Morehead

Appellate Terms of the Supreme Court of New York

Stengel v. Morehead

194 Misc. 1027, 88 N.Y.S.2d 779, 1949 N.Y. Misc. LEXIS 2185

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 10, 1949

StatusPublished

Cited by3 cases

This text of 194 Misc. 1027 (Stengel v. Morehead) 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

Stengel v. Morehead, 194 Misc. 1027, 88 N.Y.S.2d 779, 1949 N.Y. Misc. LEXIS 2185 (N.Y. Ct. App. 1949).

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Opinion

Per Curiam.

Having entered into possession with permission of the one entitled to possession, respondent is not a squatter or intruder within the provisions of subdivision 4 of section 1411 of the Civil Practice Act. (Williams v. Alt, 226 N. Y. 283; Frazier v. Cropsey, 124 Misc. 367.) Birdie Management Corp. v. Dunton (60 N. Y. S. 2d 673) is distinguishable, as there the [1026]*1026decision was based upon an unlawful entry. Failure to obtain a certificate from the city rent commission authorizing institution of this proceeding also required dismissal of the petition.

The final order should be affirmed, without prejudice to the institution of a new proceeding upon obtaining certificate of eviction from city housing commission.

Hammeb and Heoht, JJ., concur; Edeb, J., concurs in result.

Final order affirmed, etc.

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Per Curiam.

Having entered into possession with permission of the one entitled to possession, respondent is not a squatter or intruder within the provisions of subdivision 4 of section 1411 of the Civil Practice Act. (Williams v. Alt, 226 N. Y. 283; Frazier v. Cropsey, 124 Misc. 367.) Birdie Management Corp. v. Dunton (60 N. Y. S. 2d 673) is distinguishable, as there the [1026]*1026decision was based upon an unlawful entry. Failure to obtain a certificate from the city rent commission authorizing institution of this proceeding also required dismissal of the petition.

The final order should be affirmed, without prejudice to the institution of a new proceeding upon obtaining certificate of eviction from city housing commission.

Hammeb and Heoht, JJ., concur; Edeb, J., concurs in result.

Final order affirmed, etc.

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Bluebook (online)

194 Misc. 1027, 88 N.Y.S.2d 779, 1949 N.Y. Misc. LEXIS 2185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stengel-v-morehead-nyappterm-1949.

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