Legal Opinion · Dissent

Lugo v. McGoldrick

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

Decided March 1, 1955Published

1DissentBreitel, J.

I dissent and vote to affirm the order of Special Term.

So long as a final order or judgment of a court of competent jurisdiction is. outstanding, no one affected, neither the private parties nor the administrative agency, may question it as to the facts or law determined thereby. To permit the administrative agency, therefore, to revoke a certificate of eviction either is meaningless, or it destroys the finality of the court order. The certificate was the initial and essential basis for the jurisdiction of the court in the summary proceeding. If any meaning is to be attached to the…

2Cases cited7 opinions

  1. Rodriguez v. CosterNew York Supreme Court · 1949
  2. Spotless Stores, Inc. v. SmithAppellate Division of the Supreme Court of the State of New York · 1951
  3. Maslynsky v. Temporary City Housing Rent CommissionNew York Supreme Court · 1949
  4. Tozzi v. TkachenkoNew York Supreme Court · 1951
  5. Caroselli v. McGoldrickNew York Supreme Court · 1952

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