Auerbach v. Hesse
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of plaintiff granting motion for summary judgment and from the judgment entered thereon.
1Per curiam
Plaintiff is a city marshal. He sues upon a check given him in payment of services in executing a warrant in summary proceedings to dispossess a tenant. The answer sets up as a defense that the check was given in reliance upon a false representation that the amount of the check was the “proper and legal fee and compensation of said warrant.” The defendant appeals from an order granting summary judgment for plaintiff and from said judgment.
Section 178 of the Municipal Court Code provides that a fee of one dollar shall be allowed to a marshal for executing a warrant in summary proceedings and…
2Cited by1 opinion
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