Title Guarantee & Trust Co. v. Stoutenburgh Realty Corp.

Appellate Division of the Supreme Court of New York

Title Guarantee & Trust Co. v. Stoutenburgh Realty Corp.

241 A.D. 618, 268 N.Y.S. 1021

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1934·Published

Opinion

Order appealed from, in so far as it grants the motion to vacate order dated July 15, 1933, and to fix rent and require the tenant to attorn to the receiver, reversed on the law, with ten dollars costs and disbursements, and motion in that respect denied, with ten dollars costs. While, in our opinion, the conclusion of the Special Term on the reargument was right, it had not jurisdiction on the original motion papers to reverse the order denying the respondent’s motion. Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.

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Order appealed from, in so far as it grants the motion to vacate order dated July 15, 1933, and to fix rent and require the tenant to attorn to the receiver, reversed on the law, with ten dollars costs and disbursements, and motion in that respect denied, with ten dollars costs. While, in our opinion, the conclusion of the Special Term on the reargument was right, it had not jurisdiction on the original motion papers to reverse the order denying the respondent’s motion. Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.

Title Guarantee & Trust Co. v. Stoutenburgh Realty Corp., 241 A.D. 618, 268 N.Y.S. 1021 (N.Y. Ct. App. 1934).

Pincite

241 A.D. 618 (Title Guarantee & Trust Co. v. Stoutenburgh Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.