Dougherty v. McMillan
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, Tenth district. Summary proceedings by Patrick Dougherty against Samuel McMillan and' others to regain the possession of certain premises claimed to have been forcibly entered on and detained by defendants. From a final order dismissing the petition on a trial without a jury, petitioner appeals.
1Per curiam
The petition does not allege, nor do the proofs show, that the petitioner had any interest whatever in the premises im suit. The proceedings were therefore properly dismissed by the trial justice (Code Civ. Proc. § 2235; Potter v. Society, 23 Misc. Rep. 671, 52 N. Y. Supp. 294; Ross v. Same, 23 Misc. Rep. 683, 52 N. Y. Supp. 303); and it follows that the final order appealed from must be affirmed, with costs.
2Cases cited2 opinions
- Potter v. New York Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898
- Ross v. New York City Baptist Mission SocietyAppellate Terms of the Supreme Court of New York · 1898