Mishkind-Feinberg Realty Co. v. Rosenhaft
Appellate Terms of the Supreme Court of New York
Appeal from Municipal .Court, Borough of Manhattan, Sixth District. Action by the Mishkind-Feinberg Realty Company against Morris Rosenhaft. From an order denying a motion to set aside a final order in summary proceedings entered in the Municipal Court of the city of New York in favor of plaintiff as landlord, defendant as tenant appeals.
1Opinion of the CourtGildersleeve, P. J.
A precept was issued in the Municipal Court requiring the defendant to show cause why possession of certain demised premises should not be delivered to the plaintiff upon the ground of nonpayment of rent. The precept was returnable on July 20, 1909, and, the tenant failing to appear, a final order was issued awarding the possession of the premises to the landlord. On August 20, 1909, the tenant made a motion “on all the papers and proceedings heretofore had herein” for an order vacating and setting aside the final order upon the ground that the court had not acquired jurisdiction. No personal…
2Cases cited3 opinions
- Friedberger v. StulpnagelAppellate Terms of the Supreme Court of New York · 1908
- Spiegelman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Bush Co. v. GibbonsAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Review & Record Co. v. GilbrethAppellate Terms of the Supreme Court of New York · 1909