Levy v. Winkler
Appellate Terms of the Supreme Court of New York
Appeal by the landlord from a judgment and final order in summary proceedings, rendered in favor of the intervening tenant, Helen Wolf, in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtGreenbaum, J.
The landlord seeks recovery of possession of the premises in question upon the ground of his tenant’s holding over after default in the payment of rent.
Section 2244 of the Code of Civil Procedure permits in such a proceeding the intervention of any person u in possession or claiming possession of the premises ” by the filing of a verified answer.
It is not necessary for the third party to show possession. It suffices to establish a right to " claim possession.”
In the matter before ns it appears that the tenant’s interest in the lease had been transferred to one Helen Wolf who intervened…
Also in this document: Concurrence.
2Cases cited3 opinions
- Beach v. . NixonNew York Court of Appeals · 1853
- Flewwellin v. LentAppellate Division of the Supreme Court of the State of New York · 1904
- Stover v. ChasseNew York Court of Common Pleas · 1894
3Cited by3 opinions
- 609 Holding Corp. v. BurkeNew York Supreme Court · 1952
- Barney v. DuVivierAppellate Terms of the Supreme Court of New York · 1914
- 45 Maiden Lane, Inc. v. Reynolds Buffets, Inc.City of New York Municipal Court · 1931