Bokee v. Hamersley
New York Supreme Court
This action was brought by the plaintiff, claiming to be the owner of the leasehold estate at the corner of John and William streets, in the city of Hew-York, for an injunction restraining said defendant Hamersley, from interfering in said premises, and also restraining defendant Stone, from paying any rent for said premises, to said Hamersley, and that both defendants be restrained from interfering with the plaintiff’s rights in the premises, until the further order of the…
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This action was brought by the plaintiff, claiming to be the owner of the leasehold estate at the corner of John and William streets, in the city of Hew-York, for an injunction restraining said defendant Hamersley, from interfering in said premises, and also restraining defendant Stone, from paying any rent for said premises, to said Hamersley, and that both defendants be restrained from interfering with the plaintiff’s rights in the premises, until the further order of the court; and also, that a judgment be made in this action, declaring all the summary proceedings taken by the defendant…
1Opinion of the Court
Clerke, Justice.
The court will never interfere by injunction, in these summary proceedings between landlord and tenant, except where there has been fraud or collusion, or where the justice has not obtained jurisdiction by want of the necessary preliminary steps, or other cause, or except where the tenant from the peculiar circumstances of the case, (as in Volloton agt. Seignett, 2 Abbott, 141,) is precluded from setting up his defence before the justice. Otherwise, the only remedy for the tenant is by certiorari to this court; by which it is now settled that we have full power to examine upon…
2Cited by1 opinion
- Schneider v. LeitzmanNew York Supreme Court · 1890