Full Value Realty Co. v. Stone

The proceeding was commenced by the service of a petition and precept for non-payment of rent. The precept was directed against the tenant and the undertenant. The petition, however, contained the usual allegations respecting the tenant alone. On the return day the tenant defaulted and a final order was issued against him. The undertenant appeared by attorney, however, and entered a general denial, demanding a jury trial. His answer was stricken out as insufficient, and without further proceedings a final order was issued against him and possession awarded to the landlord.

The orders appealed…